State v. Pontiff

604 So. 2d 71, 1992 WL 136405
CourtLouisiana Court of Appeal
DecidedJune 17, 1992
DocketCr91-720
StatusPublished
Cited by26 cases

This text of 604 So. 2d 71 (State v. Pontiff) is published on Counsel Stack Legal Research, covering Louisiana Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Pontiff, 604 So. 2d 71, 1992 WL 136405 (La. Ct. App. 1992).

Opinion

604 So.2d 71 (1992)

STATE of Louisiana, Plaintiff-Appellee,
v.
Nathan Howard PONTIFF, Defendant-Appellant.

Cr91-720.

Court of Appeal of Louisiana, Third Circuit.

June 17, 1992.

*72 Edward J. Marquet, Lafayette, for defendant-appellant.

Mike Harson, Asst. Dist. Atty., Lafayette, for plaintiff-appellee.

Before DOUCET and KNOLL, JJ., and COREIL,[*] J. Pro Tem.

KNOLL, Judge.

Defendant, Nathan Howard Pontiff, appeals his conviction of forcible rape,[1] a violation of LSA-R.S. 14:42.1, and his sentence of 10 years at hard labor, 2 years to be served without benefit of parole, probation or suspension of sentence. Defendant assigns as errors insufficient evidence to support the conviction and alternatively, the imposition of an excessive sentence. We affirm.

FACTS

On Saturday evening October 7, 1989, at approximately 8:00 p.m., defendant, along with his friends, Jerry, Eric and Eddie, arrived at Jane Doe's[2] home in Lafayette and sounded the horn for her and her friend, Heather, to come out. Jane Doe and Heather were trainers on a local high school football team. Before Jane Doe left, her father and stepmother wanted to meet the defendant and Eric. Eric was Heather's boyfriend. At this time, Jane and defendant were 15 years of age, Heather was 16, and Eric, Jerry and Eddie *73 were 17. Defendant and Eric went inside, introduced themselves and told Jane's father and stepmother that they were going to Colors, a local teenage club in Lafayette. After introduction, Jane and Heather left with defendant, Eric, Jerry, and Eddie. Jane had never socialized with defendant, Eric or Jerry, but had seen them around school. She had never met or seen Eddie.

Before going to Colors, the group drove around. Then, they pooled their money and purchased beer and whiskey at a local convenience store. All but Eddie, the driver, drank that evening.

The group then went to Eric's house for the apparent purpose of allowing Heather and Eric to remain at his house in order to engage in sexual intercourse. After Eric and Heather were dropped off, the defendant, Jerry, Eddie and Jane rode around for awhile and eventually proceeded to the house of a friend, Andre, which was unoccupied and being remodeled. Eddie dropped off defendant, Jerry and Jane at Andre's house and left to buy some marijuana.

Jane testified that she, Jerry and defendant remained on the front porch of Andre's house for approximately five minutes. She heard Jerry say something to the effect that there were two boys and only one girl, and rhetorically asked what could they do. After telling Jane that they were going to knock on Andre's window, the defendant and Jerry walked to the rear of the house. Hearing glass break, Jane walked to the fence which enclosed the backyard, and Jerry opened the gate. The two walked through the backyard and underneath a tin roof extending from the rear of the house. Jerry made a lewd suggestion about her having oral sex with him and grabbed her wrists as defendant tried to pull down her shorts. She pulled away to leave, but stopped when defendant commented about the presence of snakes in the backyard. From behind, defendant then pulled down Jane's shorts as Jerry grabbed and held her wrists at her side. She testified that Jerry said to defendant, "Get the back and I'll get the front". Defendant sat down on an overturned five gallon bucket with his pants unzipped and his penis exposed. From the front, Jerry forced Jane to "sit down" on defendant. While holding Jane, Jerry attempted to make her perform oral sex as defendant penetrated her vagina. Jane testified that after approximately 30 minutes, Jerry allowed her to stand and defendant walked to the side of the house and ejaculated. Hearing Eddie drive up in the front driveway, defendant ran to the front of the house. Still struggling with Jerry, Jane reportedly fell against a wall and then onto the ground. After pulling up her shorts, she made her way to the front yard and asked Eddie to take her home. Jane, defendant and Jerry got into the car and left. Eddie agreed to take her home after first picking up Eric and Heather, and passing by Colors.

Arriving at Eric's house, defendant bragged to Heather in crude slang terms that he had just had sexual intercourse with Jane and she also had oral sex with Jerry. When Heather confronted her about the episode, Jane denied it and lowered her head.

The group left Eric's house and proceeded to an area of Lafayette known as Chester Street where teenagers often congregate. Riding on Chester Street, both defendant and Jerry shouted to several friends in front of Jane, using very crude and dirty slang terms, what transpired and that they paid her $10. Again, Jane lowered her head and remained quiet.

When they arrived at Colors, Jane bolted from the car, walked across the street to a convenience store and telephoned home. While waiting for her father, Jane spoke with two policemen, but apparently did not mention the rape. Her father arrived shortly after Heather walked over to find out what was wrong. Arriving home, Jane began crying and, according to her father, appeared disoriented.

Officer Ronald Robicheaux of the Lafayette Parish Sheriff's Office arrived at Jane's home near midnight. He described her as upset and crying and, after calming her, she told him that defendant and Jerry were the perpetrators. Officer Robicheaux testified that he saw no bruises on Jane's *74 face. He then collected the clothing Jane wore that night and transported her to a local hospital for medical examination.

Dr. Donald E. Michael, an obstetrician and gynecologist who was the emergency room physician that night, performed a complete medical examination on Jane, including what is commonly known as a "rape kit". Dr. Michael found no evidence of any trauma either in the pelvic region or the rectal area. Bruises on Jane's inner left thigh and left calf muscle were ruled out from occurring that night since Jane told Dr. Michael that the bruises were approximately one week old. Dr. Michael testified that his examination was inconclusive regarding whether Jane had engaged in sexual intercourse in the last five to six hours. Dr. Michael also acknowledged that while bruises generally appear within hours of a trauma, he could not rule out the possibility of the bruises taking longer to appear on Jane.

Juvenile Detective Thomas Stith of the Lafayette Parish Sheriff's Office testified that on October 8, the day after the attack, he saw no bruises on Jane; nevertheless, he also told the jury that Jane complained of pain in both wrists and admitted that since he performed only a cursory inspection of her arms, he could have missed the bruises. He likewise observed no physical marks of struggle such as bruises or scratches on defendant or Jerry, and he did not arrest defendant. The following day, Detective Stith spoke with Jane and, again observed no bruises. Several days later, Jane's father gave Detective Stith photographs taken by him on October 10 which depicted bruises on Jane's arms and shoulder.

Kenneth R. Bouillion, a child psychologist, began treating Jane four days after the rape for psychological problems which surfaced as a result of defendant's sexual assault. Dr. Bouillion counselled Jane in eight sessions. He described her as open and credible in their sessions and opined that she exhibited a pattern of behavior consistent with someone who had been raped. Dr. Bouillion pointed out that often the first response of a rape victim is shock from the traumatic experience and not an easily identifiable outward emotional sign.

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Cite This Page — Counsel Stack

Bluebook (online)
604 So. 2d 71, 1992 WL 136405, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-pontiff-lactapp-1992.