State v. Ray

577 So. 2d 354, 1991 WL 46810
CourtLouisiana Court of Appeal
DecidedMarch 28, 1991
Docket90/KA/0771
StatusPublished
Cited by4 cases

This text of 577 So. 2d 354 (State v. Ray) 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. Ray, 577 So. 2d 354, 1991 WL 46810 (La. Ct. App. 1991).

Opinion

577 So.2d 354 (1991)

STATE of Louisiana
v.
Edward RAY.

No. 90/KA/0771.

Court of Appeal of Louisiana, First Circuit.

March 28, 1991.
Writ Denied May 24, 1991.

*355 John Walker, Asst. Dist. Atty., Houma, for plaintiff and appellee, state.

Roy Jefferson, Indigent Defender Bd., Houma, for defendant and appellant, Edward Ray.

Before SAVOIE, CRAIN and FOIL, JJ.

*356 SAVOIE, Judge.

Defendant, Edward Ray, was charged by bill of information with the forcible rape of a minor teenage girl, a violation of La.R.S. 14:42.1. He pled not guilty and, following a jury trial, was found guilty as charged. He was sentenced to serve twenty-three (23) years at hard labor, including two years without benefit of probation, parole or suspension of sentence. He filed this appeal, urging eight assignments of error as follows:

1. The trial court erred by not allowing the jury during their deliberations to view medical records and reports relating to the physical and medical examinations of the victim conducted as a result of the alleged offense involved herein.
2. The trial court erred in sustaining certain objections of the State which prevented the jury from hearing testimony from two defense witnesses concerning statements made by the victim relating to her prior sexual conduct.
3. The trial court erred in sustaining the State's objection(s) to questions made by the defense to the victim concerning certain prior statements she made to third parties relating to her prior sexual conduct.
4. The trial court erred in allowing the assist nurse to read and testify from and consequently, interpret, medical records and reports compiled and completed by the victim's examining physician, Dr. William Grant.
5. The trial court erred in imposing an excessive sentence.
6. The verdict of the jury was contrary to the law and evidence.
7. The trial court erred in denying defendant's Motion For New Trial.
8. The trial court erred in denying defendant's Motion For Post Verdict Judgment of Acquittal.

On February 17, 1989, the victim, a teenage girl, went to her sister Mary's apartment (3-4 blocks from her home) to spend the night. Mary lived with her boyfriend, Edward Ray (the defendant), and her two sons, ages 9 and 6. After the victim arrived, defendant dressed and left to go to a party; Mary stayed home. The victim watched television with Mary and her older nephew; the younger nephew was sleeping at another aunt's house. Later, the victim went into the children's bedroom to go to sleep. Dressed in nightclothes, the victim went to sleep in her younger nephew's vacant bed. Apparently, sometime after 12:00 a.m. on February 18, the victim was awakened from her sleep when she heard defendant come into the dark room. He got into the bed with the victim and threatened her with a knife if she did not submit to him. Defendant raised up the victim's nightgown and took off her underwear. The victim told defendant to get off her and leave the room. She also tried to push him away. Defendant persisted and penetrated her vagina with his penis. The victim was able to knock on the wall; Mary heard this and came into the room. As Mary entered, defendant jumped on the side of the bed. Subsequently, Mary called her mother and told her to come and get the victim. The victim's mother called the police and defendant was arrested.

During the trial, the victim testified regarding defendant's actions in threatening and raping her. She admitted telling another sister, Annette, that defendant did not rape her. The victim stated that her reason for doing this was because her sister Mary was mean to her after the incident. The victim also denied stating that she lied about the rape because she thought she was pregnant with her boyfriend's child. The victim was also questioned about a statement she and her mother signed. The "dismissing affidavit" states the victim wishes to withdraw the charge of forcible rape against the defendant. The affidavit further states that she desires the matter be dismissed by the district attorney and that she is signing the statement of her own free will. The victim's testimony regarding this statement is confusing. At first the victim stated she didn't remember signing the statement; then she testified that she did not understand the statement and that she signed it because she was scared.

*357 The victim's mother testified that her daughter, the victim, was upset when the mother arrived at Mary's home. She denied that the victim later told her defendant did not assault her.

Mary testified that about 4:20 a.m. on February 18, she woke up when she heard defendant come home, undress and go to the bathroom. She heard the victim talking so she went into the bedroom and saw defendant sitting on the bed in which the victim was lying. Mary further stated that defendant jumped off the bed as she came in; she saw his unerect penis on the outside of his boxer style underwear. Mary also stated that she was angry when she told the police that defendant was on top of her sister when she walked in. According to Mary's testimony, the victim had on her gown, duster and underwear when she walked in the room.

Sergeant Ben Ledell, who investigated the rape complaint, testified that the victim stated that she was spending the night with her sister Mary when defendant came into the bedroom and had sex with her. He further testified that Mary corroborated the victim's story and appeared "mad" that defendant had raped her sister.

Defendant's witnesses consisted of Donald Stovall and Kerry Sims. These witnesses were ministers, who testified that they spoke with the victim about the alleged rape. Donald Stovall stated that the victim told him the rape did not happen. He further stated he believed that the victim signed some documents in order for the district attorney to drop the charges against defendant; he did not positively know if the victim did this. On cross-examination, Stovall stated he was not aware of Mary's statement that she saw defendant jump from the victim's bed with his genitals exposed.

Kerry Sims testified that the victim told him defendant did not rape her. He further testified that the victim stated, "she thought she was pregnant and so she had to put it on somebody, ... so she told her mama that Edward raped her."

On rebuttal, Robert Bergeron, a district attorney's office investigator, testified that he was present when Sims brought the victim into the district attorney's office to recant her story of the rape. However, Bergeron testified that the victim did not recant; she stated she was not lying when she gave her statement the night of the alleged rape.

JURY INSPECTION OF WRITTEN EVIDENCE

(ASSIGNMENT OF ERROR NUMBER ONE)

By means of assignment of error number one, defendant contends that the trial court erred in refusing to allow the jury to review medical records during their deliberations. During deliberations, the jury requested that they be allowed to see the medical records which were introduced into evidence. The trial court, citing La.C.Cr.P. art. 793, refused the request.

La.C.Cr.P. art. 793 states:
A juror must rely upon his memory in reaching a verdict. He shall not be permitted to refer to notes or to have access to any written evidence. Testimony shall not be repeated to the jury.

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Cite This Page — Counsel Stack

Bluebook (online)
577 So. 2d 354, 1991 WL 46810, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-ray-lactapp-1991.