State v. Thompson

520 N.W.2d 468, 1994 Minn. App. LEXIS 797, 1994 WL 425190
CourtCourt of Appeals of Minnesota
DecidedAugust 16, 1994
DocketCX-93-2001
StatusPublished
Cited by3 cases

This text of 520 N.W.2d 468 (State v. Thompson) is published on Counsel Stack Legal Research, covering Court of Appeals of Minnesota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Thompson, 520 N.W.2d 468, 1994 Minn. App. LEXIS 797, 1994 WL 425190 (Mich. Ct. App. 1994).

Opinion

OPINION

SCHUMACHER, Judge.

Appellant William Troy Thompson contends that the trial court erred by allowing respondent State of Minnesota to introduce evidence concerning his allegedly dangerous character and the battering that several witnesses had allegedly suffered at the hands of other men. Thompson also claims that the prosecution made improper remarks during the trial. We affirm.

FACTS

On February 23, 1993, K.W. arrived home from work. Thompson, her boyfriend, was upset with her, and at his request, they went into the bedroom. There, Thompson inserted a metal clothes hanger into K.W.’s rectum and vagina, inserted his finger into K.W.’s rectum, and penetrated her vagina with his penis, ignoring her requests to stop.

After Thompson left, K.W. told her roommate that Thompson had assaulted her. During the next two days, K.W. repeated the allegations of assault to a number of individuals, including her sister, at least two police officers, and a domestic abuse counselor. K.W. also underwent a sexual assault examination that revealed injuries that could have been caused by a coat hangar. As a result of K.W.’s allegations, Thompson was arrested.

On February 25, 1993, however, K.W. told her sister that she had lied about the assault, that she had used the hanger on herself, and that she did not want Thompson to go to prison because of her false allegations. The next morning, K.W. tried to call Karen Roes-ler, the prosecutor handling the case. Unable to reach her, K.W. eventually contacted Evan Rosen, who was then serving as Thompson’s public defender. Although K.W. was pressing the state to drop the charges against Thompson, the state proceeded with the prosecution, basing its ease on K.W.’s original statements and evidence that a battered woman often recants truthful accusations she has previously lodged against her abuser. Thompson was found guilty by a jury and given an executed sentence of 300 months.

ISSUES

1. Did the trial court err by admitting evidence concerning alleged prior bad acts by Thompson?

2. Did the admission of evidence concerning abuse allegedly suffered by defense witnesses affect the jury’s verdict?

3. Did the prosecution make improper remarks?

ANALYSIS

1. At trial, a police officer was allowed to testify that Thompson was thought to carry a weapon and that Thompson had threatened K.W. and her mother. Thompson claims that the trial court erred by overruling his objections to this testimony.

*471 Whether to admit evidence of other crimes, acts, or wrongs lies within the trial court’s sound discretion. State v. Slowinski, 450 N.W.2d 107, 113 (Minn.1990). The defendant bears the burden of showing that the trial court erred by admitting the evidence. State v. Berry, 484 N.W.2d 14, 17 (Minn.1992).

Evidence of other acts or wrongs is not admissible to prove a person’s character. Minn.R.Evid. 404(b). It is admissible, though, if relevant, to show the relationship between the defendant and the victim. State v. Thieman, 439 N.W.2d 1, 6 (Minn.1989) (prior threat admissible to show strained relationship); State v. Black, 291 N.W.2d 208, 214-15 (Minn.1980) (prior robberies admissible to show relationship between defendant and victims).

In this case, the evidence was introduced to show Thompson’s relationships with K.W. and her mother, and it was relevant because the state claimed those relationships were the basis for K.W.’s retraction of her allegations. The trial court did not abuse its discretion by allowing the evidence.

2. The state also introduced evidence that K.W.’s mother, sister, and friend had been abused by other men. Where there is adequate scientific support for the underlying theory, certain types of evidence concerning battered woman’s syndrome are admissible. State v. Hennum, 441 N.W.2d 793, 798-99 (Minn.1989). Where, however, there is no demonstration of a scientifically rehable correlation between a form of abuse and its purported effect on a witness, evidence concerning the abuse is generally irrelevant, and thus unfairly prejudicial and inadmissible. See State v. Loebach, 310 N.W.2d 58, 62-64 (Minn.1981) (because of lack of scientific reliability and diagnostic accuracy, prosecutor may not ask defendant whether he was beaten as child in order to imply that he is more likely to be child abuser); State v. Jahnke, 353 N.W.2d 606, 609-10 (Minn.App.1984) (“highly prejudicial” for prosecutor to ask defendant in intrafamilial sexual abuse case whether she was victim of childhood sexual abuse); Minn.R.Evid. 402 (irrelevant evidence not admissible).

Here, the state offered the evidence of abuse to show that the witnesses were less able to evaluate whether K.W. was a battered woman since they had themselves been battered. Because the state offered no scientific or statistical support for this theory, the evidence was irrelevant. Nevertheless, the jury was as likely to infer from the contested evidence that the witnesses were better able to recognize abuse as it was to infer that they would be less able to recognize it. Therefore, the risk of unfair prejudice that often arises when this type of evidence is improperly admitted was not present in this case, and reversal of Thompson’s conviction is not justified. See State v. Naylor, 474 N.W.2d 314, 318 (Minn.1991) (reversal warranted only if court has reasonable belief that erroneously admitted evidence affected verdict).

3. Thompson claims the prosecution made improper remarks during the trial. Prosecutorial misconduct justifies reversal if the defendant was prejudiced as a result. State v. Salitros, 499 N.W.2d 815, 820 (Minn.1993).

At trial, the state called Roesler, who had since been removed from the case as prosecutor because of her involvement with K.W.’s recantation. Over Thompson’s objection, she testified that her first priority in domestic abuse prosecutions is to hold the abuser accountable for his or her behavior. A prosecutor should not emphasize accountability to the extent that the jury is diverted from its proper role of deciding whether the state has proved the defendant guilty beyond a reasonable doubt. State v. Montjoy, 366 N.W.2d 103, 109 (Min.1985). Although Roesler was merely a witness in this case, the acting prosecutor had a responsibility to take care that the direct examination remained within proper boundaries. Cf. Minn. R.Prof. Conduct 3.8 cmt. (prosecutor has obligation to see that defendant receives procedural justice).

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Bluebook (online)
520 N.W.2d 468, 1994 Minn. App. LEXIS 797, 1994 WL 425190, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-thompson-minnctapp-1994.