State v. Wade

573 S.E.2d 643, 155 N.C. App. 1, 2002 N.C. App. LEXIS 1606
CourtCourt of Appeals of North Carolina
DecidedDecember 31, 2002
DocketCOA02-25
StatusPublished
Cited by8 cases

This text of 573 S.E.2d 643 (State v. Wade) is published on Counsel Stack Legal Research, covering Court of Appeals of North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Wade, 573 S.E.2d 643, 155 N.C. App. 1, 2002 N.C. App. LEXIS 1606 (N.C. Ct. App. 2002).

Opinions

EAGLES, Chief Judge.

Defendant, Curtis Levan Wade, appeals from judgment entered in Lenoir County Superior Court upon a jury verdict convicting him of four counts of taking an indecent liberty with a child; three counts of felonious child abuse by a sexual act; three counts of incest; two counts of statutory rape; and one count of first degree rape. Defendant was sentenced to life in prison.

The State’s evidence tended to establish that defendant and Carol Jean Wade were married in 1980. At the time of her marriage to defendant, Carol Wade had two daughters from a previous relationship: “T,” who was eight years old and “L,” who was five. Both “T” and “L” lived with Carol Wade and defendant in Kinston, North Carolina. Carol Wade conceived another child, by defendant, soon after their marriage. Before this child was born, defendant “molested” “T” by fondling her. Carol Wade reported the incident to authorities and expelled defendant from the home. Carol Wade and defendant separated after this incident. Although the couple were not divorced until 2000, defendant never again lived with the family. Carol Wade gave birth to defendant’s daughter, “A,” on 19 November 1981. Defendant had no significant contact with “A” until she was approximately ten years old, when Carol Wade allowed defendant to have “visitation” with “A.” Defendant visited with “A” “periodically” until she reached the age of twelve. At that point, defendant began a more regular routine of visitation.

“A” testified that during a visit with defendant when she was ten years old, defendant took her to Bill Fay Park in Kinston, North [5]*5Carolina. Once at the park, defendant led “A” down a nature trail where defendant exposed his erect penis and sat “A” on his lap, so that his penis was touching her between her legs. “A” did not report this incident.

During another visit when “A” was twelve years old, defendant took her to a video store where he rented a pornographic movie. Defendant then took “A” to his house where they watched the movie together. Before watching the movie, defendant removed both his and “A’s” clothes so that they were both nude. During the movie, defendant fondled “A’s” breasts and masturbated in front of her. Later, defendant engaged in vaginal intercourse with “A.” “A” did not report this incident either.

Thereafter, defendant began regularly engaging in various forms of sexual intercourse with “A.” “A” testified that she visited defendant virtually “every weekend” until she was seventeen years old. “A” further stated that she had sexual intercourse with defendant “every single time” she visited him. Sometimes this involved “oral sex” and “fondl[ing],” in addition to vaginal intercourse. However, defendant always penetrated “A” vaginally, ejaculated and never wore a condom. At one point, “A” was tested and treated for gonorrhea. Later, she learned that defendant had been treated for gonorrhea as well. On 23 October 1999, following yet another sexual encounter with defendant, “A” told Carol Wade that defendant had been “molesting” her. The following day, “A” and Carol Wade reported defendant to the Kinston Police.

Carol Wade testified that shortly before “A” was bom, “T” told her that defendant had “molested” her. As a result, Carol Wade made defendant leave the home. Initially, Wade thought the incident with “T” occurred because defendant was a “heavy drinker.” Consequently, Wade only allowed “A” to visit with defendant because he had stopped drinking. Notwithstanding this fact, Wade suspected that something improper might have been going on between defendant and “A” and on several occasions questioned “A” about her concerns. Each time, “A” denied that anything improper had occurred.

“T,” now twenty-eight years old, testified that when she was eight years old, defendant took her into the bathroom of their home, put “vaseline on his penis” and tried to “put it inside [her].” “T” said she began to cry and defendant stopped. “T” said that she told her godmother about the incident, who in turn told her mother. “T” stated [6]*6further that defendant left and never returned to the home after this incident.

“E,” the fourteen year old granddaughter of Carol Wade, testified that when she was eleven or twelve, defendant volunteered to babysit her at his house while Carol Wade was at work. While defendant was helping “E” with her hair, he rubbed his penis on her buttocks in a way that made her “uncomfortable.” “E” told Carol Wade about the incident and never went to defendant’s house alone again.

Barbara Hebert, a psychologist and clinical therapist at the Teddy Bear Child Advocacy Center in Greenville, North Carolina, also testified. Hebert testified that she performed “A’s” initial “clinical intake” interview in December of 1999. “A” began counseling immediately following this interview. In June of 2000, Hebert took over “A’s” case and continued counseling “A” approximately one hour each week until March of 2001. In order to assist in her therapy, Hebert had “A” complete a time-line of all of the events of sexual abuse she could recall. Hebert and “A” then discussed each event on the time-line. Hebert noted that the earliest events “A” described were known in the field as “preparatory grooming behaviors.” Hebert also noted that “A” exhibited feelings of guilt, fault and fear; experienced problems with trust; confused boundaries between herself and others; suffered from decreased self-esteem; experienced difficulty in disclosing the incidents of abuse; and experienced conduct problems. “Based on her training and experience,” Hebert opined that these symptoms were the result of “sexual abuse” because they “were consistent with those that we[re] see[n] in other victims of sexual abuse.” Consequently, Hebert counseled “A” “as the victim of a long history of sexual abuse by her father.”

Melanie Palmer, a licensed nurse and the Women’s Health Supervisor for the Lenoir County Health Department, testified that health department records indicated that both defendant and “A” were tested and treated for gonorrhea in 1997: Defendant was treated on 8 January 1997 and 30 January 1997. “A” was tested on 25 February 1997 and received treatment on 12 March 1997.

Defendant denied all allegations of sexual abuse. Defendant testified that he believed the charges stemmed from his refusal to allow “A” to move in with her current boyfriend. Defendant was convicted and sentenced to life in prison. Defendant appeals.

[7]*7Defendant first argues that the trial court committed plain error in admitting the expert testimony of Barbara Hebert. After careful review of the record and transcript, we find no error.

“The plain error rule ... is always to be applied cautiously and only in the exceptional case where, after reviewing the entire record, it can be said the claimed error is a ‘fundamental error, something so basic, so prejudicial, so lacking in its elements that justice cannot have been done ....’” State v. Odom, 307 N.C. 655, 660, 300 S.E.2d 375, 378 (1983) (citation omitted). “To prevail under a plain error analysis, a defendant must establish not only that the trial court committed error, but that absent the error, the jury probably would have reached a different result.” State v. Perkins, 154 N.C. App. 148, 152, 571 S.E.2d 645, 648 (2002).

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State v. Wade
573 S.E.2d 643 (Court of Appeals of North Carolina, 2002)

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Bluebook (online)
573 S.E.2d 643, 155 N.C. App. 1, 2002 N.C. App. LEXIS 1606, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-wade-ncctapp-2002.