State v. Payton

2007 NMCA 110, 165 P.3d 1161, 142 N.M. 385
CourtNew Mexico Court of Appeals
DecidedJune 25, 2007
DocketNo. 25,532
StatusPublished
Cited by14 cases

This text of 2007 NMCA 110 (State v. Payton) is published on Counsel Stack Legal Research, covering New Mexico 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. Payton, 2007 NMCA 110, 165 P.3d 1161, 142 N.M. 385 (N.M. Ct. App. 2007).

Opinion

OPINION

WECHSLER, Judge.

{1} Defendant appeals his convictions for criminal sexual penetration of a minor (CSPM), criminal sexual contact of a minor (CSCM), and intimidation of a witness. The victims were two daughters of his girlfriend, who were approximately eight and ten years old when the offenses occurred. This opinion addresses only Defendant’s claim that he should have been allowed to present evidence that the younger girl had been previously sexually abused by someone else, in order to establish that she had an alternate source of sexual knowledge. We hold that Defendant was denied due process and a fair trial when he was not allowed to show that she had an alternate source of sexual knowledge and reverse Defendant’s convictions on Counts 6 and 7. For the reasons discussed in a memorandum opinion, filed contemporaneously with this opinion, we conclude that Defendant’s other issues are without merit and affirm all of Defendant’s other convictions.

BACKGROUND

{2} The victims’ mother testified that Defendant moved in with her in 1999. Defendant took care of her children while she worked the night shift. The victims’ older sister, Deserea, testified that one night when her mother was at work, she walked into her mother’s bedroom and saw Defendant pulling up his underwear, and her sister, Skye, also pulling up her underwear. The victims’ mother testified that in July 2001, she arrived home and Deserea was waiting up for her, terrified. Deserea told her that she had gone into mother’s bedroom and turned on the light. When she did, Defendant and Skye both pulled up their pants. Mother immediately confronted Defendant, who responded by grabbing her by the throat and throwing her on the bed. He left after disabling her vehicle and taking the telephones from the house with him.

{3} Skye testified that at the end of the summer after third grade, Defendant touched her vagina with his hands and mouth and penetrated her vagina with his fingers. She testified that on one occasion, “I had a pillow on my face, and he was using his — he was putting his fingers inside of me.” She said he touched her vagina with his fingers more than ten times and with his tongue about four times. The younger sister, Gabrielle, testified that Defendant touched her vagina and that his fingers went in her vagina. Both girls also testified that Defendant threatened to kill them and their family members, or hurt a family member, if they told anyone what was happening.

{4} Defendant testified and denied wrongdoing. His defense also consisted of a medical expert criticizing the way information was documented in medical reports and explaining possible reasons children make false allegations of sexual abuse. At the close of the case, Defendant was convicted of four counts of CSPM, three counts of CSCM, and two counts of intimidation of a witness.

ADMISSION OF EVIDENCE OF PRIOR ABUSE OF GABRIELLE

{5} Defendant argues that it was error to preclude evidence that Gabrielle was previously the victim of a sexual assault by her seven-year-old cousin. The incident involved digital penetration and occurred a few years before Gabrielle made the allegations against Defendant. Defendant made several arguments below. He argued that because Gabrielle was young, the evidence was necessary to counter the jury’s natural assumption that she would not have knowledge of sexual matters unless Defendant had actually molested her. Defendant argued that the evidence would show an alternate source of sexual knowledge and therefore would be relevant. Defendant also argued that the evidence would be relevant because Gabrielle received a great deal of attention from the previous assault, and such attention was a potential motivation for making allegations against Defendant. The State responded that the rape shield law, NMSA 1978, § 30-9-16(A) (1993), and Rule 11-413(A) NMRA, prohibited the inquiry, as did our opinion in State v. Hueglin, 2000-NMCA-106, 130 N.M. 54, 16 P.3d 1113. The trial court reasoned that Hueglin prohibited the evidence and precluded Defendant from introducing the fact that Gabrielle had been previously abused. We review this decision for an abuse of discretion. See State v. Woodward, 121 N.M. 1, 4, 908 P.2d 231, 234 (1995).

{6} We disagree that Hueglin precludes Defendant from introducing evidence that Gabrielle had an alternate source of sexual knowledge. Hueglin affirmed the suppression of evidence that an adult woman was sexually abused twenty-five years earlier. Hueglin, 2000-NMCA-106, ¶¶25-26, 130 N.M. 54, 16 P.3d 1113. But Hueglin is distinguishable. There, the defendant argued that the prior assault was relevant because the victim may have been confused and somehow was reliving the prior assault. Id. ¶ 26. We rejected this contention because it was unsupported by any expert testimony and was nothing more than “speculation based on lay psychology.” Id. This case is quite different and is not addressed by Hueglin. Section 30-9-16(A) precludes evidence of the victim’s past sexual conduct, unless' “the evidence is material to the case and ... its inflammatory or prejudicial nature does not outweigh its probative value.” Rule 11-413(A) is consistent. See State v. Johnson, 1997-NMSC-036, ¶¶18-19, 123 N.M. 640, 944 P.2d 869. In this case, Defendant’s concern was that the jury would assume that an eight-year-old girl would not know about digital penetration and must have learned about it in some manner, likely from Defendant’s actions. As we discuss in more detail below, that assumption is natural and potentially damaging, and a defendant should be allowed to answer it with relevant, admissible evidence. The problem presented in this ease is concrete and is not speculative like the theory proffered by the defense in Hueglin.

{7} Like Hueglin, Johnson recognizes the important policy of protecting victims from irrelevant inquiries into their past sexual conduct. Johnson, 1997-NMSC-036, ¶21, 123 N.M. 640, 944 P.2d 869. Johnson concluded that, in that case, the defendant had failed to show that the evidence he sought to introduce — evidence of prostitution — was relevant. Id. ¶ 40. But Johnson also recognizes that, in a proper case, evidence involving other sexual conduct may be sufficiently probative of an issue in the case so that it becomes admissible. Id. ¶ 19 (“Nothing in our statute or rule, however, limits the reasons a court might find evidence material and of sufficient probative value to justify admission.”). According to Johnson, a defendant’s right to “challenge an opposing version of facts ... is a critical limitation on the trial court’s discretion to exclude evidence.” Id. ¶ 23. If the application of the rape shield law or rule “operates to preclude the defendant from presenting a full and fair defense, the statute and rule must yield.” Id. ¶ 24. Johnson expresses a number of guidelines to help the trial court exercise its discretion, but emphasizes that they are guidelines, not requirements. Id. ¶¶ 26-28. “There may be other showings that are equally sufficient. We do not intend to limit the trial courts in the exercise of discretion under the rule and statute, but rather to suggest a possible framework for exercising that discretion.” Id. ¶28. In sum, a defendant seeking to admit evidence of prior sexual conduct “must show sufficient facts to support a particular theory of relevance.” Id. ¶ 32. The trial court must then balance probative value against prejudice. See id.

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Cite This Page — Counsel Stack

Bluebook (online)
2007 NMCA 110, 165 P.3d 1161, 142 N.M. 385, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-payton-nmctapp-2007.