State v. Maldonado

817 S.E.2d 793
CourtCourt of Appeals of North Carolina
DecidedSeptember 4, 2018
DocketNo. COA17-643
StatusPublished

This text of 817 S.E.2d 793 (State v. Maldonado) is published on Counsel Stack Legal Research, covering Court of Appeals of North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Maldonado, 817 S.E.2d 793 (N.C. Ct. App. 2018).

Opinion

INMAN, Judge.

Defendant Hector Tepox Maldonado ("Defendant") appeals from 13 judgments entered following a jury trial finding him guilty of eight counts of indecent liberties with a child, one count of sexual offense with a child, one count of engaging in a sexual act with a child, one count of rape of a child, one count of statutory rape, and one count of statutory sex offense. Defendant argues that the trial court erred in: (1) closing the courtroom during the victim's testimony; (2) admitting evidence of Defendant's relationships with other minors; (3) allowing expert testimony concerning the victim's treatment for post-traumatic stress disorder ("PTSD"); (4) permitting the prosecutor to make purportedly misleading statements in closing argument; and (5) sentencing Defendant to a minimum of 300 months imprisonment each for three of Defendant's convictions. After careful review, we hold that Defendant failed to preserve his first argument and has not demonstrated reversible error as to the remainder.

I. FACTUAL AND PROCEDURAL HISTORY

The evidence at trial tended to show the following:

Defendant is married to F.M. ("Fiona"),1 whom he began dating when she was fourteen years old and Defendant was over eighteen. Fiona became pregnant by Defendant and gave birth to a son, HM ("Harry"), before her fifteenth birthday. During this same time frame, Defendant was seeing and had fathered a child with another girl, occasionally living with her and her family.

Defendant moved into Fiona's family home around the time that Harry was born. When Defendant moved in with Fiona and Harry, the home was shared with several members of Fiona's nuclear family: her parents, F.M. ("Fred") and R.S. ("Rhonda"); her brothers, A.M. ("Alex"), J.M. ("Jeff"), and F.M. ("Felix"); and her sisters, J.M. ("Julia") and L.M. ("Lisa"). Eventually, Defendant and Fiona had a second child, who also lived in the home. Fiona and Julia had a particularly close relationship at the time, and Julia would often take care of Fiona's two children while their mother was at work at night. During the course of his relationship with Fiona, Defendant had affairs with two other young women, at least one of whom was in high school at the time. After finding out about the second affair, Fiona temporarily ended the relationship and began seeing another man, though she eventually got back together with Defendant.

Within a year of moving in with Fiona and her family, Defendant began sexually molesting Julia, who was seven years old at the time. Following one such instance of abuse, Julia attempted to call the police, but Defendant took and hung up the phone before Julia could speak to an operator. Julia's aunt, who lived next door but had entered the country illegally, came over and screamed at Julia, discouraging her from calling the police for fear of deportation. The police eventually arrived, were informed the phone call was simply an accident, and departed; Julia was never given a chance to speak with the officers.

Julia, now afraid of calling the police, tried to tell her brother Jeff about the abuse on at least four occasions. Each time, Jeff, who was between ten and eleven years old at the time, encouraged Julia to tell their parents and in one instance said he would do so himself. Neither Jeff nor Julia told their parents at the time, however, because Julia was too afraid of splitting up the family and starting an argument.

Defendant's acts of sexual abuse continued through Julia's time in middle school, eventually escalating to multiple acts of rape while Julia was asleep in her bedroom at night. Still afraid to inform her parents or authorities directly about Defendant's abuse, Julia would instead stay awake and listen for the stairs to her room to creak as Defendant approached; when she heard Defendant, she would call her mother on her cell phone. This was the only means by which Julia managed to avoid further abuse, as any time she failed to hear Defendant approach he would molest or rape her. Julia tried on several occasions to tell Fiona about the abuse indirectly, stating she was afraid of Defendant. Fiona responded each time by telling Julia that her husband was harmless.

In 2014, around the time of Julia's fifteenth birthday, her parents and the rest of her family planned a trip to the beach. Julia told her family that she wanted to go to the beach, but that she refused to travel if Defendant would be going with them. Confused, Julia's mother and Fiona asked her why, and Julia responded by telling them that Defendant had tried to rape her. Fiona refused to believe Julia, and she moved out of the house with Defendant and their children a short time later. The rape ceased once Defendant was out of the home, but Defendant continued to sexually molest Julia whenever she babysat her niece and nephew.

In contrast to Fiona, Rhonda did believe her daughter's account of attempted rape and informed her husband and Lisa. They did not immediately inform law enforcement, however, waiting instead until Julia felt comfortable discussing it with a police officer. Julia eventually met with Detective Jesus Sandoval of the Durham Police Department in 2015, when she disclosed the full extent of the abuse for the first time. That same year, Julia began seeing Whitney Winslow ("Ms. Winslow"), a clinical social worker, for therapy related to her trauma. In the course of treatment, Ms. Winslow diagnosed Julia with PTSD stemming from the abuse.

Defendant was indicted on 17 August 2015 on three counts of first-degree sex offense of a child by an adult offender, eight counts of indecent liberties with a minor, and one count each of first-degree rape of a child by an adult offender, statutory rape, and statutory sex offense. He filed a motion in limine prior to trial, requesting the exclusion of any testimony concerning his "sexual history/relationship with [Fiona,]" partially on the grounds that it constituted evidence of prior bad acts under Rules 404(a) and (b) of the North Carolina Rules of Evidence. The State filed a pretrial motion seeking to close the courtroom during Julia's testimony. Following a brief voir dire examination of Julia, the trial court allowed the State's motion. It reserved a ruling on Defendant's motion in limine until the issue was raised by objection at trial.

The State made no reference to Defendant's affairs in its opening remarks to the jury. Defendant, by contrast, advanced a theory that centered on the close bond between Fiona and Julia and the impact of Defendant's infidelity on the relationship between his wife and his niece. The defense posited that Julia's allegations of sexual abuse and rape arose from her anger at Defendant and Fiona. Defense counsel asserted in opening statement that "[Julia], [Lisa] and the family were very upset at the fact that [Defendant] had an affair, number one, but two, [Fiona] decided to go back to him." As a result, Defendant's counsel reasoned, "these charges are all out of the fact that [Defendant] cheated on [Fiona] and had an affair and that [Fiona] moved back into the house with [Defendant] causing a rift in the family."

Julia was the first witness called to testify; she detailed the abuse she suffered, her close relationship with Fiona, and her attempts to tell Fiona and other members of the family about the abuse. The prosecutor asked no questions about Defendant's extra-marital affairs with anyone other than his abuse of Julia. When the prosecutor asked Julia Fiona's age at the time the abuse began, Defendant raised an objection, which was sustained by the trial court.

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Bluebook (online)
817 S.E.2d 793, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-maldonado-ncctapp-2018.