State v. Parkinson

909 P.2d 647, 128 Idaho 29, 1996 Ida. App. LEXIS 1
CourtIdaho Court of Appeals
DecidedJanuary 3, 1996
Docket20880
StatusPublished
Cited by31 cases

This text of 909 P.2d 647 (State v. Parkinson) is published on Counsel Stack Legal Research, covering Idaho 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. Parkinson, 909 P.2d 647, 128 Idaho 29, 1996 Ida. App. LEXIS 1 (Idaho Ct. App. 1996).

Opinion

LANSING, Judge.

Kelly Parkinson was convicted for sexual abuse of a child under sixteen, I.C. § 18-1506. By this appeal we are asked to determine whether the district court erred in excluding testimony by defense witnesses that *32 Parkinson’s characteristics do not match sex offender profiles and testimony regarding the incidence of false reporting of sexual abuse. Parkinson also challenges the court’s admission of certain hearsay testimony and the victim’s testimony that Parkinson had beaten his wife. We also consider Parkinson’s contention that the State’s evidence was insufficient to support the jury’s guilty verdict.

I.

FACTS AND PROCEEDINGS

According to the testimony at Parkinson’s trial, the following events gavé rise to the charge that he sexually abused a minor under the age of sixteen. On March 28, 1992, Parkinson’s thirteen-year-old niece, E.F., and her brother, B.F., who was then age twelve, spent the night at Parkinson’s home. E.F., her brother and her cousin, were sleeping in a downstairs bedroom. E.F. slept in a bed while her brother and cousin slept on the floor nearby. E.F. testified that there were three incidents of abuse during the night. During the first occurrence, she awoke to find Parkinson rubbing her buttocks. She jumped up and Parkinson left the room. Approximately two hours later, E.F. was awakened by Parkinson rubbing her breast and pulling at her nightgown. She rolled over in her bed, and Parkinson again departed. At about 6:30 a.m., E.F. was disturbed a third time by Parkinson, who was then rubbing her buttocks. Parkinson left after E.F.’s brother began to stir. E.F. woke her brother and, while crying, told him about the incidents that had occurred during the night. On March 31, 1992, E.F. told her mother about Parkinson’s actions, and the police were contacted soon thereafter. Parkinson was charged with violation of I.C. § 18-1506, and was found guilty following a jury trial.

On appeal, Parkinson presents a number of issues for our consideration. He asserts that the court erred in several evidentiary rulings including: (1) the exclusion of expert testimony of a psychologist and of a former FBI investigator that Parkinson did not fit the profile of a sex offender; (2) exclusion of the psychologist’s testimony about the frequency with which children’s accusations of sexual abuse are found to be false; (3) the admission of B.F.’s testimony about what E.F. told him regarding the abuse; (4) the admission of E.F.’s testimony to the effect that she did not like Parkinson because she believed he had beaten her aunt; and (5) the admission of a Department of Health and Welfare sexual abuse investigative record. Finally, Parkinson alleges that insufficient evidence was presented at trial upon which a rational trier of fact could have found him guilty of sexual abuse of a child. We address each assignment of error in turn.

II.

TESTIMONY REGARDING SEX OFFENDER PROFILES

Parkinson complains that the trial court erred when it excluded sex offender profile testimony offered through Marcel Chappuis, a psychologist, and Peter M. Welsh, a former Federal Bureau of Investigation agent with experience in the development of sex offender profiles for use by law enforcement personnel. Prior to trial, Parkinson filed a motion to allow Dr. Chappuis and Mr. Welsh to testify to their opinions that Parkinson did not fit the profile of a sexual offender. The district court denied Parkinson’s motion, concluding that: (1) the profile evidence was offered to bolster Parkinson’s credibility and was thus impermissible because veracity is not a “fact in issue” subject to expert opinion; (2) the evidence at issue would not “assist the trier of fact to understand the evidence”; and (3) the expert opinion evidence would constitute a direct comment on the guilt or innocence of Parkinson and replace, rather than aid, the jury’s function.

At trial, however, Parkinson made offers of proof by questioning Dr. Chappuis and Mr. Welsh. By these offers of proof Parkinson sought to establish a foundation for the opinion testimony of both of these witnesses. The district court ruled that an adequate foundation had not been made for either Dr. Chappuis or Mr. Welsh to render opinions that Parkinson did not fit the profile of a sex offender, and also adhered to its earlier ruling that such opinion testimony based upon *33 profiles is inadmissible because it invades the province of the jury.

We note, as did the district court, that the introduction of expert testimony regarding whether a defendant fits an alleged “sexual offender profile” has been almost universally rejected in other jurisdictions. See United States v. Pierre, 812 F.2d 417 (8th Cir.1987); State v. Person, 20 Conn.App. 115, 564 A.2d 626 (1989), aff'd, 568 A.2d 796 (1990), cert. denied, 498 U.S. 1048, 111 S.Ct. 756, 112 L.Ed.2d 776 (1991); Gilstrap v. State, 215 Ga.App. 180, 450 S.E.2d 436 (1994); People v. Edwards, 224 Ill.App.3d 1017, 167 Ill.Dec. 54, 586 N.E.2d 1326 (1992); State v. Armstrong, 587 So.2d 168 (La.Ct.App.1991); Commonwealth v. Trowbridge, 36 Mass.App.Ct. 734, 636 N.E.2d 291 (1994) overruled on other grounds, Commonwealth v. Trowbridge, 419 Mass. 750, 647 N.E.2d 413 (1995); State v. Fitzgerald, 382 N.W.2d 892 (Minn.Ct.App.1986); State v. Elbert, 831 S.W.2d 646 (Mo.Ct.App.1992); People v. Berrios, 150 Misc.2d 229, 568 N.Y.S.2d 512 (N.Y.Sup.Ct.1991); State v. Gallup, 98 Or.App. 211, 779 P.2d 169 (1989); State v. Campbell, 904 S.W.2d 608 (Tenn.Crim.App.1995); Williams v. State, 649 S.W.2d 693 (Tex.Ct.App.1983); State v. Hulbert, 481 N.W.2d 329 (Iowa 1992); Pendleton v. Commonwealth, 685 S.W.2d 549 (Ky.1985); State v. Cavaliere, 140 N.H. 108, 663 A.2d 96 (1995). Various reasons have been given for rejection of this type of evidence, including that it has not gained general acceptance in the scientific community, that it invades the province of the jury and unfairly prejudices the prosecution, and that it does not assist the trier of fact to understand the evidence or to determine a fact in issue. 1

Parkinson contends, however, that the Idaho Supreme Court determined such profile evidence to be admissible in State v. Hester, 114 Idaho 688, 694, 760 P.2d 27, 33 (1988), where the Court stated, “If relevant, it is generally permissible for experts to testify regarding traits typically exhibited by child abusers.” The question addressed in Hester was whether the trial court had erred in allowing the State to introduce expert testimony that the defendant exhibited character traits consistent with characteristics of known child abusers.

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

Related

People v. Johnson CA3
California Court of Appeal, 2021
People v. Oskuie CA3
California Court of Appeal, 2020
People v. Wilson
California Court of Appeal, 2019
People v. Wilson
245 Cal. Rptr. 3d 256 (California Court of Appeals, 5th District, 2019)
State v. Walker
2018 MT 312 (Montana Supreme Court, 2018)
State v. Jesse Elias
337 P.3d 670 (Idaho Supreme Court, 2014)
State v. Benson Barrera
Idaho Court of Appeals, 2013
State v. Keith Phillip Sigler
Idaho Court of Appeals, 2013
State v. Richard David Pokorney
Idaho Court of Appeals, 2013
State v. John Alan Schulz
Idaho Court of Appeals, 2013
State v. Passmore
2010 MT 34 (Montana Supreme Court, 2010)
People v. Dobek
732 N.W.2d 546 (Michigan Court of Appeals, 2007)
State v. Burrow
127 P.3d 231 (Idaho Court of Appeals, 2005)
State v. Perry
81 P.3d 1230 (Idaho Supreme Court, 2003)
State v. Hughes
841 So. 2d 718 (Supreme Court of Louisiana, 2003)
State v. Siegel
50 P.3d 1033 (Idaho Court of Appeals, 2002)
State v. Norton
11 P.3d 494 (Idaho Court of Appeals, 2000)
State v. Konechny
3 P.3d 535 (Idaho Court of Appeals, 2000)
State v. Hansen
986 P.2d 346 (Idaho Court of Appeals, 1999)
State v. Trevino
980 P.2d 552 (Idaho Supreme Court, 1999)

Cite This Page — Counsel Stack

Bluebook (online)
909 P.2d 647, 128 Idaho 29, 1996 Ida. App. LEXIS 1, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-parkinson-idahoctapp-1996.