State v. Searles

680 A.2d 612, 141 N.H. 224, 57 A.L.R. 5th 819, 1996 N.H. LEXIS 78
CourtSupreme Court of New Hampshire
DecidedJuly 24, 1996
DocketNo. 94-745
StatusPublished
Cited by11 cases

This text of 680 A.2d 612 (State v. Searles) is published on Counsel Stack Legal Research, covering Supreme Court of New Hampshire primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Searles, 680 A.2d 612, 141 N.H. 224, 57 A.L.R. 5th 819, 1996 N.H. LEXIS 78 (N.H. 1996).

Opinion

Broderick, J.

The defendant, Bruce Searles, was convicted of two counts of second degree assault. See RSA 631:2 (Supp. 1995). On appeal, he argues that the Superior Court (Mohl, J.) erred in allowing the prosecution to introduce expert testimony concerning domestic violence syndrome. We affirm.

At trial, the State presented evidence of the following facts. Shereen Searles lived in Rochester, with the defendant and their three children, Christina, Adam, and Jessie. During the evening of December 10, 1993, eight-year-old Christina and her friend Nicole Glennon were awakened by an argument between Shereen and the defendant, who were in the kitchen. Both Shereen and the defendant had been drinking beer throughout the day. Shereen asked the defendant to leave the house; when he refused, she attempted to leave, but the defendant blocked her exit. They continued to argue, chairs were tipped, and Shereen again tried to leave. The defendant responded by slapping her and putting his hands around her neck.

Nicole heard Shereen yell to Christina for help. By this time, Nicole and Christina had crept from Christina’s room, and Nicole saw the defendant choking Shereen. Shereen escaped the defendant’s grasp by breaking a beer bottle over his head. The girls then ran back to Christina’s room, and Shereen followed them; Jessie was also in the bedroom, in his crib.

When the defendant entered Christina’s room, Christina stood between him and Shereen. She testified that she stood there “[s]o my dad wouldn’t touch my mom.” The defendant ordered Christina out of the way. He then pushed Jessie’s wooden crib into his daughter, cutting her ear. The crib overturned and Jessie fell to the floor, crying. The defendant grabbed Shereen and pushed her into the wall. He pulled her back and pushed her into a window, causing it to shatter. Shereen proceeded to take the girls to her bedroom, where she dressed them in sweaters and attempted to open a window so they could escape to call for help. She had difficulty opening the window, so the girls slipped out through the front door. They ran to a pay phone and called the police.

[226]*226Officer Gary Turgeon found Christina and Nicole at the pay phone. Christina’s ear was bleeding, and she was taken by ambulance to a local hospital where she received stitches. Officers Anthony Macaione and Anthony Triano went to the apartment and spoke to both Shereen and the defendant. The officers saw broken glass in the living room and the kitchen. When asked, the defendant said nothing had happened. His speech was slurred, he swayed as he walked, and he smelled of alcohol.

Shereen was shaking and upset. She said she had been strangled and the defendant had put her head through the bedroom window. Officer Macaione observed red marks on her neck and collar bone. Shereen stated that the defendant had pushed Jessie’s crib into Christina, who was bleeding when she left the house. The officer saw the crib against the wall and the broken bedroom window.

The defendant was arrested and indicted on two counts of second degree assault. The trial court held a pretrial hearing to consider, among other things, the State’s request to offer testimony from an expert in family violence to educate the jury about the effects of such violence on victims. The court, relying upon our decision in State v. Cressey, 137 N.H. 402, 628 A.2d 696 (1993), ruled that the State would be permitted to call its expert to explain the general effects of family violence and why victims of such violence might later minimize the offending conduct or recant their accounts of abuse.

At a subsequent pretrial hearing, the court acknowledged that the admissibility of this expert testimony depended to an extent on the nature of the witnesses’ testimony at trial. After Shereen, Christina, and several other witnesses testified, the court ruled that the proposed expert testimony was probative of the victims’ credibility because it could explain their apparent minimization of their injuries, as well as variations in their accounts of the assaults. Prior to the expert’s testimony, the court gave the jury a very specific limiting instruction:

You will hear testimony . . . regarding certain characteristics or behaviors of persons who are family members who may be the victim of abuse at the hands of another member of the family. This testimony is not intended to prove that any of the witnesses you heard from in this case were abused. And the testimony is being offered simply so you may understand better the testimony of those individuals who did appear as witnesses in the case, that is, on their credibility and for that purpose alone.

[227]*227The jury ultimately convicted the defendant of both offenses, and this appeal followed.

In Cressey, we discussed child sexual abuse accommodation syndrome. See id. at 411, 628 A.2d at 702. This syndrome “proceeds from the premise that a child has been sexually abused and seeks to explain the resulting behaviors and actions of the child” when these behaviors and actions “may be puzzling or appear counterintuitive to lay observers.” Id. Similarly, domestic violence syndrome offers an explanation for particular actions and statements of domestic violence victims that may seem counterintuitive, such as a victim’s recantation or minimization of abuse at trial. See People v. Christel, 537 N.W.2d 194, 202 (Mich.), rehearing denied, 539 N.W.2d 504 (1995); Cressey, 137 N.H. at 411-12, 628 A.2d at 702-03. Courts in other jurisdictions have approved the use of expert testimony about the effects of domestic violence to explain such behavior. See, e.g., Arcoren v. United States, 929 F.2d 1235, 1240 (8th Cir.), cert. denied, 502 U.S. 913 (1991).

The defendant has no quarrel with these basic principles. Rather, he argues that the trial court erred in admitting expert testimony in his case because he did not attack the victims’ credibility and because he believes the victims did not minimize either their injuries or the defendant’s conduct. In addition, the defendant maintains that the evidence was overly prejudicial insofar as it implied the victims had suffered severe abuse at his hands. In reviewing these arguments, we recognize that the determination of the admissibility of expert testimony “rests, in the first instance, within the sound discretion of the trial court.” Cressey, 137 N.H. at 405, 628 A.2d at 698. We reverse this determination “only if the appealing party can demonstrate that the ruling was untenable or unreasonable and that the error prejudiced the party’s case.” State v. Cavaliere, 140 N.H. 108, 110, 663 A.2d 96, 98 (1995).

The defendant first contends that because he did not seek to attack the credibility of either Shereen or Christina, the expert testimony was not relevant. In Cressey, we did not limit the admissibility of expert testimony about child sexual abuse accommodation syndrome to cases in which the child’s credibility is attacked. See Cressey, 137 N.H. at 412, 628 A.2d at 703. As we explained in State v. Chamberlain, 137 N.H. 414, 628 A.2d 704

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Bluebook (online)
680 A.2d 612, 141 N.H. 224, 57 A.L.R. 5th 819, 1996 N.H. LEXIS 78, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-searles-nh-1996.