State v. Middleton

386 N.W.2d 226, 1986 Minn. LEXIS 772
CourtSupreme Court of Minnesota
DecidedMay 2, 1986
DocketC9-85-1344
StatusPublished
Cited by9 cases

This text of 386 N.W.2d 226 (State v. Middleton) is published on Counsel Stack Legal Research, covering Supreme Court of Minnesota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Middleton, 386 N.W.2d 226, 1986 Minn. LEXIS 772 (Mich. 1986).

Opinion

WAHL, Justice.

The defendant was convicted by a Brown County District Court jury of criminal sexual conduct in the fourth degree in violation of Minn.Stat. § 609.345 subd. 1(c) (1984). The jury was instructed that the charge required the sexual contact of which defendant was accused be “accomplished or accompanied by coercion,” an alteration of the statutory language. 1 The jury returned a conviction and the trial court, with the consent of the defendant, certified four questions as “important and doubtful” to the Court of Appeals pursuant to Minn.R.Crim.P. 28.03 (1985). These questions inquired, in essence, whether the jury instruction given by the trial court properly interpreted section 609.345, subd. 1(c). The Court of Appeals in turn referred the questions to this court and we accepted certification. We answer the questions in the affirmative.

I.

Lawrence Middleton is a retired farmer who lived on a farm near Springfield. The complainant, a 21 year old female, lived with her husband, Middleton’s nephew, and their young daughter on a farm about 20 miles away from defendant’s farm.

Before the incidents that led to charges in this case, the complainant testified that she and Middleton were “pretty good friends.” She said she thought of him as a grandfather. The families would often visit back and forth and take outings. Middleton gave several presents to complainant and to her daughter. The complainant testified that during this part of their relationship, Middleton never made sexual advances to her and she did not feel afraid to be alone with him. She recalled, however, that she had been told by Middleton’s daughter that she should watch what she said and did around him because he could get violent when angry.

In February 1985, the tone of the relationship changed. Middleton made a trip out of state and, while away, wrote several letters to complainant that contained protestations of romantic love and explicit sexual language. On the day Middleton returned from his trip, March 14, 1985, he came to complainant’s farm at about midday. Middleton helped complainant’s husband and her parents with some chores at her parent’s farm, located across the road. Then, when the work was done, he returned with the complainant and her daughter to their home.

Complainant testified that Middleton kissed her on the cheek when they were in the kitchen of her house and then asked her to kiss him, but she refused. He persisted, she said, then “kind of wrestled me down onto the floor,” insisting that he wanted a kiss. She got away, she said, and told Middleton to “quit it,” but he just laughed. Complainant said she wasn’t hurt or really afraid, but she felt confused because “I have never seen him like that before.”

Soon after this first incident, complainant’s husband returned home, ate lunch and then returned to his work. Complainant took her daughter upstairs to go to the bathroom and then went into the child’s *228 bedroom. Middleton followed them upstairs. Complainant testified she was standing near the bed when Middleton suddenly pushed her back onto the bed and held her arms over her head. He lay on top of her, “moving around like he would have been having intercourse” and asked her if she could “feel if it was hard.” Complainant stated their groin and pelvic areas were touching. She again told him to stop, struggling to get out of the position, and she eventually hit Middleton hard on the shoulder. He got up, laughed again, and said, according to complainant, “You sure are ornery today.”

Complainant testified she was afraid after this second encounter. She took her daughter and ran downstairs from the bedroom. She said she didn’t leave the house because she didn't know if Middleton would react violently and she was expecting her husband and parents to arrive shortly. She said she had in her mind the warning of defendant’s daughter that he might react violently if he became angry.

Once downstairs, complainant went into the living room, knelt on the floor and began playing with her daughter. Middleton came into the room and “kind of half sat and half laid on the floor on his side,” also playing with the little girl. “Just like that,” complainant testified, “he leaned me back, and he wanted to kiss me again.” She said she was “leaned all the way back to the floor” and Middleton was holding her arms with his hands. She said to him, “No, Knock it off. I don’t want to kiss you.” “I was really mad,” complainant testified, “I was hollering.” Middleton moved one hand from her arm, touched her left breast through her clothing, and said, she stated, “[y]ou have got nice little titties.” The little girl got upset and started crying and saying to Middleton, “[d]on’t hurt my mommy * * * [ljeave her alone.” At this, defendant let the woman go and said, “I am not hurting your mommy. I just love her, and I want to show her.” The complainant said she felt scared during this third incident, “because I have never seen him like this before, and * * * the way he always treated me before it wasn’t the same. It was like he was a completely different person.”

The complainant’s husband and parents returned home soon after this third encounter. Later that afternoon, when Middleton had left the house to go to town, she told her family what had happened. In the following days, . Middleton repeatedly sought to again contact complainant. Finally, on March 21, 1984, she contacted the police. A complaint was subsequently issued, charging Middleton with criminal sexual conduct in the fourth degree.

At trial, Middleton was asked what had happened at the house that day. Regarding events in the daughter’s bedroom, he said:

“I don’t know. I am kind of an ornery disposition and I more was pestering, or whatever you call it. I grabbed her by the arms and then moved her backward, and when she got to the bed she couldn’t go any farther. I sat down beside of her, and we talked about her little girl and about her room.”

Later he described what he did as “just workpng] her back [to the bed]. I didn’t push her.” When asked if he had kissed complainant while she was on the bed, Middleton said he didn’t know, but denied that he had either lain on the bed or on top of the victim. Middleton also denied that he had later wrestled the woman to the floor in the living room. He said that he had merely sat beside the complainant on the living room davenport and hugged her. He denied ever having touched her breasts or having commented on them.

II.

Lawrence Middleton was charged with having intentionally touched the complainant’s intimate parts using coercion to accomplish the sexual contact in violation of Minn.Stat. § 609.345, subd. 1(c). Section 609.345, subd. 1(c) defines criminal sexual contact in the fourth degree as sexual con *229 tact 2 by an actor who uses force or coercion to accomplish the sexual contact. “Coercion” is defined as “words or circumstances that cause the complainant reasonably to fear that the actor will inflict bodily harm or, hold in confinement, the complainant or another.” Minn.Stat. § 609.341, subd. 14 (1984). “Bodily harm” is defined as “physical pain or injury, illness or any impairment of physical condition.” Minn. Stat. § 609.02, subd. 7 (1984).

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Bluebook (online)
386 N.W.2d 226, 1986 Minn. LEXIS 772, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-middleton-minn-1986.