State v. McWilliams

564 S.W.3d 618
CourtMissouri Court of Appeals
DecidedOctober 16, 2018
DocketWD 80702
StatusPublished
Cited by13 cases

This text of 564 S.W.3d 618 (State v. McWilliams) is published on Counsel Stack Legal Research, covering Missouri Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. McWilliams, 564 S.W.3d 618 (Mo. Ct. App. 2018).

Opinion

Lisa White Hardwick, Judge

Timothy McWilliams appeals from the circuit court's judgment after a jury convicted him of child molestation in the first degree. McWilliams contends that the circuit court abused its discretion by: (1) admitting particularized expert testimony, which improperly bolstered the victim's credibility; (2) prohibiting McWilliams from questioning witnesses about allegations that the victim had been coached in providing statements regarding the alleged sexual abuse; and (3) admitting a photograph in which McWilliams's horn tattoos were visible. For reasons explained herein, we reverse the conviction and remand for a new trial.

FACTUAL AND PROCEDURAL HISTORY

Around August 2014, six-year-old A.M.'s father was incarcerated, forcing A.M.'s mother ("Mother") to find a new residence. Mother and A.M. moved into the home of McWilliams, whom Mother referred to as a stepbrother, located in Columbia, Missouri. McWilliams provided both Mother and A.M. a room of their own in his three-bedroom, one-bathroom home. Despite having her own room, A.M. preferred to sleep with Mother.

*622Around November 2014, Mother began dating Christopher.1 Christopher worked at a local Walmart but lived in nearby Ashland, Missouri. Mother frequently visited Christopher at work to bring him a meal or visit during his breaks. A.M. would usually join Mother on these trips. Due to Christopher's work schedule, he would stay with Mother on occasion. When Christopher spent the night at McWilliams's home, A.M. would sleep on the floor in Mother's room.

Shortly after she moved into McWilliams's home, Mother began to notice that holes had appeared in the wall between A.M.'s room and the adjacent bathroom. Mother placed cotton balls into the holes and, after the cotton balls were removed for the first time, she placed another set of cotton balls into those holes. A short time later, Mother noticed another hole, this time in the wall separating her bedroom and McWilliams's closet. Mother stated she did not speak to McWilliams about this hole because she was concerned that he would kick them out of his house if she confronted him about it.

On December 22 or 23, 2014, Mother made a trip to Walmart to see Christopher, while A.M. stayed at home with McWilliams. Mother stated that she was absent for no more than thirty minutes as Christopher cut his break short to return home with Mother. When Mother left, A.M. was wearing pants, but Mother noticed upon her return to McWilliams's home that A.M. had changed into shorts. A.M. told her mother that she had changed because she was playing with McWilliams and got hot.

On the way to visit Christopher at work the next day, Mother told A.M. that she had a "super best friend secret" to tell her-that they were going to be moving out of McWilliams's home to live with Christopher at some point in the near future. Mother said she wanted to move "mainly because of the holes in the walls and stuff." Mother stated that she also wanted A.M. to keep the move a secret from McWilliams and A.M.'s father.

After Mother told A.M. her secret, A.M. told Mother that she, too, had a secret. A.M. told Mother that McWilliams had touched her. When Mother asked A.M. where she was touched, A.M. "pointed to her crotch, her vaginal area." Mother testified that A.M. said that the touching occurred with a broken vibrating toothbrush. Mother stated that she did not call the police because she "was just kind of shocked and not knowing what to do with, you know, the whole situation." Instead, Mother called her mother, grandmother, and Christopher.

Mother took A.M. to her mother's home and then returned to McWilliams's home. She continued to live in McWilliams's home and reported that she returned "[b]ecause that's where all my stuff was and that's where I was staying, so, I mean, I didn't have nowhere else really to go." She said nothing to McWilliams about the incident.

A.M. never again spent a night at McWilliams's home, but she returned with Mother on December 24 to "pick up some things." Although Mother believed McWilliams would be at his employer's house for a Christmas dinner, McWilliams returned while Mother and A.M. were gathering items. McWilliams asked if A.M. could join him for Christmas dinner, but Mother declined and McWilliams left.

While they were at the home, A.M. asked Mother for tape to hang a letter she *623had written to McWilliams on his door. The letter read, "Dear [McWilliams], I hope you don't touch me again." Mother took the letter and brought it to police on December 29, 2014. On the same day, after speaking with Mother about the allegations, Detective Anthony Perkins conducted a cursory interview of A.M. Det. Perkins then assisted Mother in the scheduling of a forensic interview with Jerri Sites for the following day. On December 30, 2014, A.M. was interviewed by Sites.

Det. Perkins obtained a search warrant for McWilliams's home, which he and other officers executed on December 31, 2014. Upon arrival at the home, Det. Perkins spoke with McWilliams, who asked the officers why they were there. Det. Perkins responded, "you know what it's about[,]" to which McWilliams replied "No, I don't really know what it's about. There hasn't haven't [sic] [been] any children here within two-the last two weeks."

Det. Cody Bounds assisted in the execution of the search warrant on McWilliams's home. During the search, Det. Bounds observed the hole in McWilliams's closet, through which the detective could observe Mother's bedroom.

In January 2015, Mother moved out of McWilliams's home. Mother testified that, during the move, she entered McWilliams's bedroom to see if he had any of her belongings and stumbled upon an electric toothbrush she thought matched the description given by A.M.2 Several days later, Mother brought the toothbrush to officers.

McWilliams was arrested and charged with one count of child molestation in the first degree. Prior to trial, McWilliams filed a motion in limine to exclude any evidence concerning another child's accusations. McWilliams's motion was sustained by consent of the State, because the State failed to file the proper notice under Missouri Constitution Article 1, § 18(c). In the pretrial 491 hearing, Mother testified that one of her step-nieces, Jane Doe,3 had also accused McWilliams of sexual abuse. She further testified that she had never spoken with A.M. about Doe's allegations.

After three days of evidence and argument, the jury found McWilliams guilty of child molestation in the first degree and recommended an eight year prison sentence. On April 20, 2017, the circuit court sentenced McWilliams to eight years in the Missouri Department of Corrections. This appeal follows.

STANDARD OF REVIEW

The circuit court is vested with broad discretion in determining the admissibility of evidence. State v. Rogers , 529 S.W.3d 906, 910 (Mo. App. 2017). We review its rulings on the admission of evidence for an abuse of that discretion. State v. Taylor , 298 S.W.3d 482, 491 (Mo. banc 2009).

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Cite This Page — Counsel Stack

Bluebook (online)
564 S.W.3d 618, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-mcwilliams-moctapp-2018.