State v. Williams

761 S.E.2d 770, 409 S.C. 455, 2014 WL 3610892, 2014 S.C. App. LEXIS 199
Court of Appeals of South Carolina·Decided July 23, 2014·No. Appellate Case No. 2012-212501; No. 5249·Published·Cited by 4 cases

Opinion

KONDUROS, J.

Michael D. Williams was convicted of two counts of first-degree criminal sexual conduct (CSC) with a minor and five counts of committing a lewd act upon a child. The trial court sentenced him concurrently to twenty-five years’ imprisonment for CSC and fifteen years’ imprisonment for lewd act upon a child. Williams appeals his convictions and sentence, arguing the trial court erred in excluding evidence the stepbrother of one of the victims sexually abused her. We affirm.

FACTS

At trial, Susan Rowles (Mother) testified two of her children, Victim One and Victim Two (collectively, Victims), started attending daycare in 2003 at Williams’s home.1 Mother stated she developed a friendship with Williams and his wife. According to Mother, Victims left Williams’s daycare “[i]n late 2005 or 2006” for financial reasons, but Victim Two returned to Williams’s daycare in 2006. Mother also stated Victim One did not return to Williams’s daycare, but she occasionally visited Williams’s home. According to Mother, in 2008, Victim Two told her she had been inappropriately touched at Williams’s daycare. Mother stated she contacted her ex-husband (Father) about the allegation but did not ask Victims further questions about the incident.

Mother testified that in October 2008, Victim Two attended the South Carolina Department of Mental Health Assessment [458] and Resource Center (ARC)2 in Columbia for a forensic interview. According to Mother, Victim One did not receive an ARC interview. Mother testified she took Victim Two to the ARC interview and completed an intake form prior to the interview. According to Mother, she answered all of the questions on the form truthfully. Mother testified she checked no to the question: “ ‘Has there ever been a child abuse investigation involving this child or the family before[?]’ ” She also testified there had not been a prior investigation on Victim 2.

Williams’s counsel asked to approach, and the trial court held a bench conference.3 Thereafter, trial counsel placed on the record his arguments and the trial court’s ruling on the ARC intake form, which the trial court apparently made at the time of a bench conference during Mother’s testimony. Trial counsel argued:

Judge, this is a document that is used when someone goes for an ARC interview and [Mother] was the reporter, filled it out in her own handwriting. On question number five it says, “Has there ever been a child abuse investigation involving this child or family before? If yes describe,” and [Mother] answered no. My intent at that time was to go ahead and impeach her about the events that we discussed yesterday that actually are not on the record yet....

Trial counsel then explained that in April 2004, DSS reported to the Fairfield County Sheriffs Department that Victims’ stepbrother (Stepbrother) “admitted to requiring or forcing [Victim One] to have oral sex with him over a period of time.” According to trial counsel, the sheriffs department investigated the incident and, after discussing it with the family, the family decided to “handle the matter internally.” Trial counsel asserted “that conduct is very relevant in this case because [Victim One] at the age of eight or nine was exposed ... to sexual abuse.” Counsel argued the evidence was admissible

[459] to show that a child at the age of eight or nine goes through incredible psychosexual changes, psychological changes[,] which could affect her in her development and would have an impact on this case. Also it shows that she would have a source of knowledge about sexual activity independent completely of whatever she alleges ... Williams did____[W]hat I’m seeking to do now is use that information for impeachment purposes since the document was not answered truthfully because there was, in fact, an investigation involving the family before.

The State replied that it did not dispute the facts of Stepbrother’s abuse as stated by trial counsel. The trial court then noted it had previously sustained the State’s objection to trial counsel’s request to impeach Mother with the evidence of Stepbrother’s abuse, finding the evidence

was not relevant at least at this time, that it would be a collateral impeachment, that [Mother] did answer the question by saying that how she had answered-how she had answered that questionnaire, and I think that whether or not it was truthful or not has not been shown to be relevant at this stage. That was the ruling at the [sidebar] and it continues to be the ruling on the record.

Victim Two testified Williams touched her inappropriately on several occasions, beginning when she was four years old. One incident occurred when she was sitting on Williams’s lap while he was sitting in a chair playing on the computer. Victim Two stated Williams touched her on top of her “private part.” Another incident occurred in Williams’s bedroom when Victim Two and another girl were lying on a bed with Williams watching television. According to Victim Two, Williams put his hand down her pants and touched the top of her private part. Victim Two further provided that on another occasion, Williams was wearing “short orange shorts” and “his thing fell out of [his] pants and [she] saw it.” Finally, Victim Two described an incident when Williams

told [her] to get down on [her] knees and [she] was beside him on [her] knees on the floor and he was in the chair and he was wearing those short orange shorts and [his penis] fell out and he told [her] to stick it back into his shorts, but [460] after that there was like this stuff that came out [of his penis].

Victim Two explained she first reported Williams’s abuse in 2008 when Victim One asked her if Williams had ever touched her, and she told her he had. According to Victim Two, Victim One then reported the abuse to Mother. On cross-examination, Victim Two testified she never discussed the abuse with Victim One until 2008. Victim Two further stated Williams touched her “inside [her] private part” five times.

Victim One testified Williams also sexually abused her. According to Victim One, Williams touched her inappropriately “[m]ore than one time.” Victim One explained one incident occurred in Williams’s pool; Williams “was just kind of holding [her] a little bit and then he put his finger down [her] bikini, then he put his finger inside [her].” Victim One further explained Williams put his finger inside her vagina on at least two other occasions.

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State v. Williams, 761 S.E.2d 770, 409 S.C. 455, 2014 WL 3610892, 2014 S.C. App. LEXIS 199 (S.C. Ct. App. 2014).

761 S.E.2d 770 (State v. Williams) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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