State v. Ringer

2010 WI 69, 785 N.W.2d 448, 326 Wis. 2d 351, 2010 Wisc. LEXIS 61
CourtWisconsin Supreme Court
DecidedJuly 8, 2010
Docket2008AP652-CR
StatusPublished
Cited by53 cases

This text of 2010 WI 69 (State v. Ringer) is published on Counsel Stack Legal Research, covering Wisconsin 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. Ringer, 2010 WI 69, 785 N.W.2d 448, 326 Wis. 2d 351, 2010 Wisc. LEXIS 61 (Wis. 2010).

Opinions

ANNETTE KINGSLAND ZIEGLER, J.

¶ 1. This is a review of an unpublished per curiam decision of the court of appeals1 that affirmed an order in limine by the Barron County Circuit Court, Timothy M. Doyle, Judge. Jim H. Ringer (Ringer) was charged with repeated sexual assault of a child in violation of Wis. Stat. § 948.025(l)(ar) (2005-06).2 The circuit court granted Ringer's motion in limine, allowing him to introduce at [356]*356trial evidence that the child complainant made prior allegedly untruthful allegations of sexual assault against her biological father, Christopher H. (Christopher). On appeal, the State argues that the circuit court erroneously exercised its discretion when it deemed the evidence admissible. We agree and therefore reverse the court of appeals' decision.

¶ 2. This case presents the following issues: (1) whether the circuit court erroneously exercised its discretion when it granted Ringer's motion in limine, allowing him to introduce at trial evidence that the child complainant made prior allegedly untruthful allegations of sexual assault against her biological father, and if not, (2) what form the evidence may take at trial.

¶ 3. We conclude that the circuit court erroneously exercised its discretion when it granted Ringer's motion in limine, allowing him to introduce at trial evidence that the child complainant made prior allegedly untruthful allegations of sexual assault against her biological father. Such evidence is admissible only if the following three criteria are satisfied: (1) the proffered evidence fits within Wis. Stat. § 972.11(2)(b)3 (2007-08);3 (2) the evidence is material to a fact at issue in the case; and (3) the evidence is of sufficient probative value to outweigh its inflammatory and prejudicial nature. State v. DeSantis, 155 Wis. 2d 774, 785, 456 N.W.2d 600 (1990). In this case, the circuit court erroneously exercised its discretion when it determined that the proffered evi[357]*357dence fits within § 972.11(2)(b)3.4 The circuit court erred by concluding that a jury could reasonably find that the complainant made prior untruthful allegations of sexual assault against her biological father. Because we conclude that evidence of the child complainant's alleged prior untruthful allegations of sexual assault is not admissible at trial, we need not address what form the evidence may take if admitted.

I. FACTUAL BACKGROUND AND PROCEDURAL POSTURE

¶ 4. On May 10, 2007, Ringer was charged with repeated sexual assault of a child. The State alleged that between September 2006 and May 6, 2007, Ringer repeatedly sexually assaulted twelve-year-old Amber, his then adopted daughter.5 According to the complaint, the assaults occurred at least weekly and consisted of touching Amber's vaginal area and the nipple area of her breasts both over and under her clothing, "humping" against her, placing his finger inside her vagina, pushing her hand onto his penis both over and under his clothing, and attempting to put his penis inside her mouth. The circuit court found probable cause that Ringer committed a felony, and he was bound over for trial.

¶ 5. On October 10, 2007, Ringer filed a motion in limine seeking, inter alia, to admit evidence at the jury trial of Amber's alleged prior untruthful allegations of [358]*358sexual assault against her biological father, Christopher, pursuant to Wis. Stat. § 972.11(2)(b)3.6 Ringer argued that under the admissibility standard set forth in DeSantis, the circuit court could conclude from the proffered evidence that a reasonable person could infer that Amber made prior untruthful allegations of sexual assault against Christopher.

¶ 6. The circuit court requested that counsel submit to the court "an agreed upon packet containing all records and reports in any way describing allegations of sexual abuse or sexual assault made by [Amber] at any time against any individual." Among those records was an incident report by the Rusk County Sheriffs Department, dated May 2, 2005. Amber and her biological mother, Rebecca, reported to the sheriffs department that Christopher touched Amber's breasts, vagina, and buttocks over the weekends of April 16 through April 17, 2005, and April 23 through April 24, 2005. Subject [359]*359to her biological parents' then joint custody arrangement, Amber spent those weekends with Christopher at his brother's house. Amber reported that she went to sleep in Christopher's bed, and he thereafter climbed into bed with her and began to touch her breasts, vagina, and "behind" underneath her clothing. As indicated by the incident report, "Amber stated that [Christopher] never touched her with his penis nor did he ever insert anything into her vagina or buttocks. She said that he moved his fingers around."

¶ 7. On May 2, 2005, Investigator David Hibbard (Investigator Hibbard) of the Rusk County Sheriffs Department interviewed Christopher regarding Amber's report. The interview was documented in a separate incident report, dated May 3, 2005. Christopher acknowledged that Amber stayed at his brother's house over the indicated weekends and that he and Amber slept in the same bed on the nights of April 16 and April 17, 2005. According to the incident report, Christopher stated that he rubbed Amber's stomach area over her clothing "for about ten to fifteen minutes" while she was sleeping:

Christopher went on to say that while he was rubbing Amber's stomach, Amber's shirt rode up towards her breasts and then the tips of his fingers "may have" "bumped" the bottom portion of her breasts. However, Christopher said that although he may have touched her breast, he did not remember it happening.... Then Christopher was asked if he touched her breast intentionally or if it was an accident, and he immediately claimed it was an "accident". As the interview continued, Christopher also said that he may have placed his hand on Amber's breast just as he was "drifting off to sleep". But, again Christopher stated he did not "recall" this happening. Then Christopher said, "I'm not saying it did happen and I'm not saying it didn't happen", but "I do not know".

[360]*360Christopher later indicated that he did not touch Amber's breasts, but he did touch the bottom portion of her bra. He denied touching Amber's vaginal area and her buttocks.

¶ 8. Christopher also provided a voluntary written statement to the Rusk County Sheriffs Department, which was signed and dated May 2, 2005. Christopher wrote, "I don't recall touching my daughter's breast or vagina but while rubbing her stomach may have bumped the bottom of her bra if [sic] I did touch her breast it was not in a sexual way."

¶ 9. The sheriffs department referred the matter to the Rusk County District Attorney's office, but the district attorney, Kathleen A. Pakes (Attorney Pakes), declined to prosecute Christopher.

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Cite This Page — Counsel Stack

Bluebook (online)
2010 WI 69, 785 N.W.2d 448, 326 Wis. 2d 351, 2010 Wisc. LEXIS 61, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-ringer-wis-2010.