State v. Price

158 Wash. 2d 630
CourtWashington Supreme Court
DecidedNovember 16, 2006
DocketNo. 77152-9
StatusPublished
Cited by54 cases

This text of 158 Wash. 2d 630 (State v. Price) is published on Counsel Stack Legal Research, covering Washington Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Price, 158 Wash. 2d 630 (Wash. 2006).

Opinions

¶1

Bridge, J.

Charles Price was convicted of four counts of first degree child molestation. The single count at issue here involved R.T., who was four years old when the molestation occurred and six years old at the time of trial. R.T. disclosed the sexual abuse to her mother and then to a detective, both of whom testified about R.T.’s disclosures at trial. In addition, an audiotape of the detective’s interview with R.T. was admitted and played to the jury.

¶2 At trial, R.T. indicated that she could not remember the relevant events or her disclosures to her mother and the detective. Relying on Crawford v. Washington,1 Price argues that R.T.’s inability to remember rendered her unavailable for purposes of the confrontation clause and, thus, admission of her prior statements was improper because [633]*633Price had no prior opportunity to cross-examine R.T. about them.-We conclude that the questions the prosecutor asked on direct examination and R.T.’s answers constitute sufficient testimony to satisfy the confrontation clause. Because R.T. was available and testified at trial, Crawford is not implicated. We affirm the Court of Appeals.

I

Statement of Facts and Procedural History

¶3 Price’s wife, Clara, ran a licensed day care in their home in Thurston County. Four-year-old R.T. began attending the day care in August 2001. R.T. initially complained to her mother that she did not like “quiet time.” Report of Proceedings (RP) (Dec. 10, 2002) at 22. Then, at home one evening in early October, after R.T. had put on her pajamas, she came out of her room and “started pinching at herself” at the front of her pull-up diaper. RP (Dec. 10, 2002) at 23. When her mother asked what she was doing, R.T. replied that she had “an owie.” Id. R.T. then pulled down her diaper and showed her mother that her vaginal area was “bright red and swollen.” Id. R.T. told her mother that “Chucky had rubbed her,” simultaneously making pinching motions with her fingers. Id. at 23-24. R.T.’s mother asked who Chucky was, thinking it might be another child, and R.T. replied it was “Big Chucky.” Id. at 24. R.T.’s mother did not ask any more questions and sent R.T. to bed. She contacted R.T.’s pediatrician the next day.

¶4 Two days later, Detective Bergt interviewed R.T. at a sexual assault clinic, and a nurse at the clinic conducted a physical exam. During the interview, when asked where Chucky had touched her, R.T. pointed to her vaginal area. When asked how Chucky touched her, she lifted up her dress, reached between her legs, grabbed her vagina over her clothes and made a pinching motion from front to back. R.T. said, “[t]hat’s what he did.” Id. at 99. The physical exam revealed no redness in the genital area.

[634]*634¶5 Detective Bergt also interviewed Price. Price said that he often would lay down with kids during quiet time. Price asserted that R.T. was more of an adult than a child, that she was needy, and that she would often hug him and refuse to let go. Price told Detective Bergt that once when R.T. gave him a hug when he was on his knees, he lost his balance and fell on top of her. His hand accidentally landed between her legs and might have hit her vagina.

¶6 In response to a newspaper article about the case, an additional victim, T.J., came forward. T.J. claimed that when he was a four- or five-year-old attending Clara’s day care in the early 1990s, Price repeatedly stuck his hand down T.J.’s pants during nap time, touching T.J.’s penis. The State charged Price with one count of first degree child molestation regarding R.T. and four additional counts of first degree child molestation regarding T.J.

¶7 Before trial, at a child hearsay hearing pursuant to RCW 9A.44.120,2 the prosecutor put R.T. on the stand and asked several preliminary questions. R.T. told the court that she was six years old, she identified several colors, she reported that she was sitting in the “truth chair” and that it was bad to tell a lie, and she correctly identified several statements as truths or lies. RP (Nov. 25, 2002) at 8-9. The prosecutor asked if R.T. liked her old day care and she replied, “No.” Id. at 9. When asked, “Did you like Chucky? Why not?” R.T. answered, “[b]ecause he rubbed me right here.” Id. at 10. The court found R.T. to be competent. R.T.’s mother and Detective Bergt then testified about R.T.’s disclosures to them. The court concluded that R.T.’s hearsay [635]*635statements to her mother and to Detective Bergt were sufficiently reliable to warrant admission under the child hearsay statute as long as R.T. testified at trial.

|8 At trial, R.T.’s mother testified first, explaining the details of R.T.’s disclosure. Then, R.T. testified. She explained that she was six years old, and she answered some preliminary questions about school, though she remained silent in response to some questions. R.T. again said that she was sitting in “[t]he truth chair” and correctly identified several statements as truths or lies. RP (Dec. 10, 2002) at 36-37. The prosecutor established that R.T. knew the difference between on top of and underneath, inside and outside. R.T. pointed to Price when asked who “Chucky” was. Id. at 38-39. She also testified that she liked Chucky and Clara, but when asked directly about the alleged abuse, R.T. said that she forgot:

Q. ... [R.T.], what did Chucky do with you at day care?
A. Me forgot.
Q. You forgot. Okay. Was there a quiet time at day care?
A. (Witness nodded head.)
Q. Could you tell me what quiet time is?
A. That you need to be quiet.
Q. Okay. And what did you do at quiet time?
A. I had to be quiet.
Q. Okay. Who was — who else was there at quiet time?
A. The kids.
Q. Okay. Was Chucky there at quiet time?
A. (Witness nodded head.)
Q. And where was he?
A. (Witness shrugged.)
Q. [R.T.], did you ever give Chucky hugs?
A. Yeah.
Q. Yeah. And did you ever lay on your mat with him?
A. Yeah.
Q. Okay. Besides hugs, did Chucky ever touch you anywhere?
[636]*636A. (Witness nodded head.)
[Defense counsel]: Your Honor, I’m going to object to the form of the question as leading.
The Court: Overruled. It can be answered yes or no. [Prosecutor]: Q. Can you answer out loud for me?
A. Me forgot again.
Q. You forgot again. Okay. [R.T.], do you remember talking to your mom about Chucky?
A. Yeah.
Q. Yeah. What did you tell your mom?
A.

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Bluebook (online)
158 Wash. 2d 630, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-price-wash-2006.