State v. Lirette

102 So. 3d 801, 11 La.App. 5 Cir. 1167, 2012 WL 2476386, 2012 La. App. LEXIS 926
CourtLouisiana Court of Appeal
DecidedJune 28, 2012
DocketNo. 11-KA-1167
StatusPublished
Cited by26 cases

This text of 102 So. 3d 801 (State v. Lirette) is published on Counsel Stack Legal Research, covering Louisiana Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Lirette, 102 So. 3d 801, 11 La.App. 5 Cir. 1167, 2012 WL 2476386, 2012 La. App. LEXIS 926 (La. Ct. App. 2012).

Opinion

WALTER J. ROTHSCHILD, Judge.

12Defendant, Craig J. Lirette, was charged by bill of information with two counts of indecent behavior with a juvenile in violation of LSA-R.S. 14:81 and he pled not guilty. Following a jury trial, he was found guilty of the lesser verdict of attempted indecent behavior with a juvenile under the age of 13 for count one, which involved K.F., and guilty as charged of indecent behavior with a juvenile under the age of 13 for count two, which involved J.T.1 Defendant filed a motion for new trial, which was denied. He was sentenced to one year imprisonment at hard labor without benefit of parole, probation, or suspension of sentence for count one and two years imprisonment at hard labor without benefit of parole, probation, |sor suspension of sentence for count two. These sentences were ordered to run consecutively with each other. This appeal follows.

FACTS

On February 18, 2010, defendant contacted the police department, and the call was transferred to Deputy Robert Swan-cey, who at the time was employed by the Harahan Police Department. Defendant advised that there had been some allegations made against him about molestation of children and he wanted to know what he needed to do. At that time, Deputy Swan-cey had not received any reports concerning this. However, he then received notice that Judy Taffaro had called, and there was a report in which Ms. Taffaro said that she learned of allegations made by her nieces, K.F. and F.F. Deputy Swan-cey spoke with Ms. Taffaro on the phone and she advised him of what her nieces had told her. She also told him about another juvenile, J.T., who was making allegations against defendant. Based on what he learned from Ms. Taffaro, Deputy Swancey scheduled an appointment with the Children’s Advocacy Center. Deputy Swancey contacted J.T. by phone, and she was also referred to the Children’s Advocacy Center.

On February 19, 2010, Staci Lanza, an employee of the Children’s Advocacy Center, interviewed K.F., F.F. and J.T. The interviews were recorded on tape, and then played during trial.2 Deputy Swan-cey monitored the interviews at the center. He testified that the statements were consistent with the information that he had received, so he obtained arrest warrants for defendant and for K.K. was the mother of K.F. and F.F., and defendant was her boyfriend.3

Deputy Swancey went to 1009 Colonial Club Drive in Harahan and arrested K. a few days later, on February 23, 2010. While in the residence, Deputy |4Swancey conducted a “security sweep” and K. pointed out her room and KF.’s room. He noticed that KF.’s room had a small child’s bed, large enough for one person. He noticed that KF.’s room was right across the hall from K’s room.

K.F. testified that she was 12 years old and her birthdate was December 28, 1998. [805]*805She explained that she lived with her father, but before she had lived in Harahan with her mom, F.F., and C.J. K.F. said that her bedroom was by her mother’s bedroom. She also said that the bed in her room was for one person. She explained that she heard someone in her room and a banging on the walls. She then saw C.J. on the side of her bed. She testified that C.J. was naked and got into her bed. She said that when he got into the bed with her the “side of him” touched her. She explained that they were both under the “covers.” K.F. said she screamed and ran out. According to K.F., C.J. said “hey baby where you’re going?” She said this incident happened at about 1:00 or 2:00 a.m. She explained that she was scared, grabbed the phone, and waited for about 20 minutes. She said she then went to her mother’s bedroom to tell her what had happened. Her mother told her to grab a pillow and sleep on the sofa. K.F. explained that she grabbed the phone and a flashlight because she was scared. She went to sleep on the sofa, and decided that she would call 9-1-1 if C.J. came back. K.F. said she was sure that it was her mother’s boyfriend, C.J. She identified defendant in court as C.J. She testified that she was familiar with him because he slept over almost every night.4

When questioned about when the incident took place, K.F. believed it was a Saturday night during the school year during November. She believed it was after Halloween and before Thanksgiving. She explained that F.F. was not at home and thought that she was at a friend’s house at the time. She told her aunt about the incident a few months later, around Mardi Gras.

IfiF.F.5 testified that K.F. was her younger sister and that J.T. was a good friend of hers. She explained that Craig Lirette6 was the boyfriend of her mother, K., and that her father was F. Her parents were going through a divorce, and she spent every other weekend with her father. She said that while she lived on Colonial Club Drive in Harahan, Craig slept over a lot. She described KF.’s room as being a few feet from her mother’s room. She testified that she had an aunt named Judy, and that Judy was her father’s sister. F.F. explained an incident involving her mother’s boyfriend and her friend J.T. She testified that she was sleeping in the living room on a sofa and J.T. was sleeping with her, but on a different sofa. She said that J.T. woke her up at about 6:00 or 6:30 a.m. When she awoke, she observed C.J. running out of the living room, screaming to “be cool, be cool.” She also heard him say not to tell, and that it was a mistake. She said that J.T. was about to cry and so they went to her bedroom. J.T. told her that C.J. had sat next to her and put his hand down her pants. She said J.T. was sad and wanted to call the police, but she did not let her. F.F. explained that she did not want to believe that it had happened. She did not see C.J. touch J.T.7

F.F. testified that she woke her mother up that afternoon to tell her about what had happened. J.T. told F.F.’s mother about what happened, but her mother said it was a mistake and not to tell anyone because F.F. and J.T. might not be allowed to be friends anymore.

[806]*806F.F. believed that this happened during their Christmas break from school. She recalled that her half-sister Amanda and her husband were there that night, and remembered going to a Christmas play for their church that same day. K.F. was in the play. However, she testified that she did not know the precise date that this | (¡happened. F.F. testified that she talked to her Aunt Judy about the incident a few months later, around Mardi Gras. She believed it had happened about two months prior to this.

J.T. also testified at trial.8 She testified about an incident she said happened at her friend F.F.’s house at approximately 6:30 a.m., when she was sleeping on the sofa. She said she woke up to someone moving her legs and sitting down by her. The person started to rub her leg. She testified that she turned her head and saw that it was C.J. She said that C.J. started to squeeze her “butt a little.” She said he then touched her vagina. J.T. stated that she turned and said “[wjhat the hell. What are you doing?” She testified that C.J. started to stutter, not knowing what to say. J.T. said she got off of the sofa and ran to F.F., who was sleeping on a sofa next to her. She said that C.J. left the room.9 J.T. said she told F.F. what happened after they went to F.F.’s bedroom and that she wanted to call the police, but F.F. was shocked and did not let her. According to J.T., F.F.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

State of Louisiana v. Sterling Terrel Brown
Louisiana Court of Appeal, 2024
State of Louisiana Versus Seth Redell
Louisiana Court of Appeal, 2023
State of Louisiana Versus Ryk Frickey
Louisiana Court of Appeal, 2023
State of Louisiana Versus Daniel Cali
Louisiana Court of Appeal, 2022
State of Louisiana Versus Melissa Gonzales
Louisiana Court of Appeal, 2022
State of Louisiana Versus Anthony L. Lane
Louisiana Court of Appeal, 2021
State of Louisiana Versus Jakorey Williams
Louisiana Court of Appeal, 2020
State of Louisiana Versus Derrick A. Ford, Jr.
Louisiana Court of Appeal, 2019
State v. Ford
275 So. 3d 404 (Louisiana Court of Appeal, 2019)
State v. Molette
258 So. 3d 1081 (Louisiana Court of Appeal, 2018)
State v. Cox
239 So. 3d 465 (Louisiana Court of Appeal, 2018)
State v. Hicks
213 So. 3d 458 (Louisiana Court of Appeal, 2017)
State v. Neely
171 So. 3d 1022 (Louisiana Court of Appeal, 2015)
State v. Nelson
169 So. 3d 493 (Louisiana Court of Appeal, 2015)
State v. J.M.
189 So. 3d 1079 (Louisiana Court of Appeal, 2015)
State v. Magee
150 So. 3d 446 (Louisiana Court of Appeal, 2014)
State v. Curry
138 So. 3d 733 (Louisiana Court of Appeal, 2014)
State v. Marlbrough
138 So. 3d 65 (Louisiana Court of Appeal, 2014)
State v. Hampton
136 So. 3d 240 (Louisiana Court of Appeal, 2014)

Cite This Page — Counsel Stack

Bluebook (online)
102 So. 3d 801, 11 La.App. 5 Cir. 1167, 2012 WL 2476386, 2012 La. App. LEXIS 926, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-lirette-lactapp-2012.