State v. R.B.

873 A.2d 511, 183 N.J. 308, 2005 N.J. LEXIS 583
Supreme Court of New Jersey·Decided May 23, 2005·Published·Cited by 260 cases

Opinions

Justice RIVERA-SOTO

delivered the opinion of the Court.

Following a retrial after his first jury was unable to agree on a verdict, defendant R.B. was convicted of various sexual abuse offenses involving his six-year-old stepson. On appeal to the Appellate Division, R.B. raised a number of challenges to both his convictions and sentence. The Appellate Division affirmed R.B.’s conviction but remanded for the imposition of a concurrent term on count three of the indictment rather than the consecutive term imposed by the trial court. R.B. raises before us the same challenges to his convictions that he presented to the Appellate Division.

We hold that:

(a) the trial court properly admitted the six-year-old victim’s statement to the police under the tender years exception to the hearsay rule, N.J.R.E. 803(c)(27);
(b) the victim’s statement to his mother qualified for admission under the tender years exception to the hearsay rule and, therefore, the objection to that statement as not qualifying as a “fresh complaint” is irrelevant;
(c) the trial court’s charge sufficiently informed the jury concerning the limited and proper use of the Child Sexual Abuse Accommodation Syndrome;
(d) the cumulative use of the six-year-old victim’s “fresh complaint,” together with expert testimony concerning the Child Sexual Abuse Accommodation Syndrome, was harmless error; and,
[315] (e) the prosecutor’s remarks in summation did not constitute prosecutorial misconduct.1
As a result, we affirm the judgment of the Appellate Division affirming R.B.’s convictions.2

I.

A. Factual Background.

R.B. and K.B. were married and living in Jersey City. During the summer of 1998, R.B., K.B. and their two-year-old baby daughter were joined by C.R., KB.’s six-year-old son from a prior relationship. From the beginning, C.R. was a difficult child, but over the following year the boy’s behavior progressively deteriorated. C.R. began torturing the family cat, set a rug on fire, and once defecated in the cat’s litter box.

In August 1999, R.B. and K.B. separated, although they remained on speaking terms and even discussed reconciliation. In the interim, C.R.’s behavior worsened. On September 21, 1999, after C.R. threw food and punched his then three-year-old sister, K.B. sought guidance from her mother and, at her mother’s suggestion, asked C.R. if anyone had inappropriately touched him while he was living with his grandfather or uncle. C.R. initially denied any inappropriate touching, but then implied that his natural father, C.R., Sr., once touched him inappropriately. When [316] K.B. continued to question C.R., he retracted his statement about his natural father and, instead, stated that R.B. inappropriately touched him.

K.B.’s mother contacted the police, and C.R. was taken to the Sexual Assault Victim’s Assistance Unit (SAVA) in Jersey City. Sergeant Spirito and Detective Hadfield interviewed the child for approximately one hour and fifteen minutes, following which they took a fifteen minute taped statement. In that statement, C.R. said that R.B. forced C.R. to “put [C.R.’s] mouth on [R.B.’s] private part, and [R.B.’s] mouth on [C.R.’s] private part____” C.R. also explained that R.B. had “peed” in C.R.’s mouth, which was understood as a reference to R.B. having ejaculated in C.R.’s mouth. In his taped statement, C.R. provided Sergeant Spirito and Detective Hadfield with detailed information about several instances of sexual abuse by R.B., including where and when those events occurred.

While Sergeant Spirito and Detective Hadfield were interviewing C.R., R.B. arrived at the SAVA Unit and agreed to answer questions. Immediately after concluding C.R.’s taped statement, Detective Hadfield and Lieutenant Domanski went to the interview room, where R.B. was being held, to question him. Detective Hadfield advised R.B. of his Miranda rights, Miranda v. Arizona, 384 U.S. 436, 86 S.Ct. 1602, 16 L.Ed.2d 694 (1966). R.B. signed a written waiver of those rights and spoke with the police. He initially denied C.R.’s allegations of abuse. Ultimately, R.B. stated that he had “possibly” touched C.R.’s genitalia, but then R.B. added that he suffered from blackouts and could not recall if he did.

B. The Charges, Trial and Appeal.

On April 10, 2000, a Hudson County Grand Jury returned a four-count indictment charging R.B. with first-degree aggravated sexual assault, N.J.S.A. 2C:14-2a (count one); second-degree sexual assault, N.J.S.A. 2C:14-2b (count two); second-degree endangering the welfare of a child, N.J.S.A. 2C:24-4a (count three); and [317] the disorderly persons offense of child abuse, N.J.S.A. 9:6-1 and 9:6-3 (count four).

On January 29, 2002, before empanelling the jury, the trial court conducted a hearing pursuant to N.J.R.E. 104 to consider the admissibility of both C.R.’s statements to his mother and to the SAVA Unit under the tender years exception to the hearsay rule, as provided by N.J.R.E. 803(c)(27), and R.B.’s post-arrest statement to the police. After a full examination, the trial court ruled the three statements admissible. Trial commenced the next day and continued until February 8, 2002, when the court declared a mistrial as a result of a hung jury. At the second trial, which started on May 7, 2002, R.B.’s defense, other than his cross-examination of the prosecution’s proofs, consisted of one character witness. On May 9, 2002, the jury returned guilty verdicts against R.B. on all four counts of the indictment.

When R.B. was sentenced on September 3, 2002, the trial court merged the conviction for second-degree sexual assault (count two) into the first-degree aggravated sexual assault conviction (count one), and the disorderly persons offense of child abuse conviction (count four) into the second-degree endangering the welfare of a child conviction (count three). On the merged sexual assault charges, R.B. was sentenced to eighteen years incarceration with a nine-year period of parole ineligibility; on the endangering the welfare of a minor merged charges, R.B. was sentenced to seven years incarceration with a three-year period of parole ineligibility. The trial court ordered the separate terms of incarceration to run consecutively, resulting in an aggregate twenty-five year term of imprisonment with a twelve-year period of parole ineligibility, and the assessment of an aggregate of $2,180 in penalties.

Before the Appellate Division, R.B. attacked both his convictions and sentence. The Appellate Division affirmed R.B.’s convictions, but remanded for the imposition of concurrent terms on the merged charges.

[318] We granted certification. 178 N.J. 454, 841 A.2d 92 (2004). For the reasons that follow, we affirm the judgment of the Appellate Division.

II.

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State v. R.B., 873 A.2d 511, 183 N.J. 308, 2005 N.J. LEXIS 583 (N.J. 2005).

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