State v. Wilson

189 So. 3d 513, 2016 WL 1357764, 2016 La. App. LEXIS 631
CourtLouisiana Court of Appeal
DecidedApril 6, 2016
DocketNo. 50,418-KA
StatusPublished
Cited by23 cases

This text of 189 So. 3d 513 (State v. Wilson) is published on Counsel Stack Legal Research, covering Louisiana Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Wilson, 189 So. 3d 513, 2016 WL 1357764, 2016 La. App. LEXIS 631 (La. Ct. App. 2016).

Opinion

WILLIAMS, J.

hThe defendant, Robert Dale Wilson, was charged by amended bill of information with two counts of molestation of a juvenile under the age of 13 and one count of molestation of a juvenile, violations of LSA-R.S. 14:81.2(A)(1) and (D)(1) and (B)(2). Following a jury trial, defendant was found guilty as charged of one count of molestation of a juvenile under the age of 13, and guilty of one count of indecent behavior with a juvenile under the age of ,13, and one count of indecent behavior with a juvenile, violations of LSA-R.S. 14:81. The trial court sentenced defendant to serve. 25 years at hard labor without the benefit of parole, probation or suspension of sentence for his molestation conviction, five years at hard labor, the first two years to be served without the benefit of parole, probation or suspension of sentence and five years at hard labor for his convictions of indecent behavior with a juvenile under age 13 and indecent behavior with a juvenile respectively, with the sentences to be served concurrently. Defendant’s motions for new trial, post-verdict judgment of acquittal and reconsideration of sentence were denied. The defendant now appeals. For the following reasons, we affirm in part, reverse in part and remand.

FACTS

In August 2012, H.R.,1 an 11-year-old girl, visited her pediatrician, Dr. Hollo[518]*518way-Alford, with.a complaint of redness and pain in her vaginal area. During the exam, H.R. told the doctor that her grandfather, the defendant, had placed his fingers in her vagina. The doctor’s office reported this information to the police. In the investigation, the Caddo [¡.Parish Sheriffs Office contacted P.B., eleven years old, and B.B., 13 years old, two girls who lived with their mother and H.R.’s aunt in a residence next door to defendant. The girls reported inappropriate touching by defendant. After the three girls were interviewed at the Gingerbread House, defendant was questioned at the Sheriffs Office. At the conclusion of the interview, defendant was arrested and charged with two counts of molestation of a juvenile under the age of 13 and one count of molestation of a juvenile.

At trial, Angela Wilson, a daughter of defendant and mother of H.R. and two sons, testified that H.R. has had problems with skin-rashes on and around her vagina since infancy, -and that the- adults in the family, including defendant, would help apply the cream prescribed by H.R.’s physician to treat the rash. Angela stated that a year before defendant was arrested she spoke with'him and requested that he cease applying the cream to H.R.’s vaginal area because H.R. had entered 'puberty. Angela testified that she told defendant that only she and H.R.’s grandmother, defendant’s wife Debra, would help H.R. apply the cream from that point forward. According to- Angela, defendant said he understood her concerns about H.R. reaching puberty and he would cease placing ointment on H.R.’s skin. Angela stated that despite this conversation, she later learned from H.R. that defendant had continued to apply the ointment to H.R.’s vaginal area.

Angela explained that defendant referred to his grandchildren as “Papaw’s kids” and would dedicate one day a month to each grandchild, when the child would pick an activity to do with defendant, such as going to Ra movie or eating at a restaurant. Angela testified that,H.R. participated in these “Papaw-Grandkid Days,” but about a month prior to her disclosure to Dr. Holloway-Alford, the girl had “started making excuses about not wanting to go.” Angela also testified that she would periodically allow H.R. and her other children to stay with defendant and his wife añd that H.R. had sometimes gone to work sites with defendant, who performed odd jobs and simple contracting work at properties in the local area. '

H.R., the daughter of Angela Wilson, was born in 2001. In court, H.R. identified defendant as her grandfather, whom she called “Pápaw.” H.R. testified that she recalled- going to the Gingerbread House, talking to Jennifer Flippo and allowing the interview to be recorded. The videotaped recording of H.R.’s Gingerbread House interview was played for the jury and admitted into- evidence. In the interview, H.R. stated that the inappropriate contact had started occurring about a year before she told her doctor that defendant touched her vagina and that these incidents would happen when she was staying with her grandparents and while at work with defendant.

H.R. stated that she had a history of rashes in her vaginal area, that she had told defendant about them when she was staying with her grandparents, and that defendant applied medication to her skin for the rashes. H.R. described one of the instances when defendant touched her vagina as follows:

[519]*519The last time he did it we were in [a shed in back] where he puts all his tools and stuff, And there was a ffable in there and he put. me on it and ... he said he had to check and that’s what he called it, to see if I had scratches or anything. And he I ¿was hurting me so I told him to stop ‘cause I started crying and everything. And he’d wear gloves sometimes when he was in there ‘cause he has a lot of gloves ‘cause of his hand. He keeps doing that.

R.p. 90 (interviewer’s comments omitted). H.R. continued by stating that while she was lying flat on the table, defendant “put his finger in there,” indicating her vagina. H.R. described another episode when she was sitting on a recliner in defendant’s house and he sat on the recliner with her and “put his finger in the" hole ... and just, you know, [went] back and forth sometimes ... And sometimes, just stick it in-there. And when he did that, sometime, he’d like move, like he’d be on top ... And he’d like move ... and I could — you know, I could feel his parts — on my part.” R.pp. 88-89. H.R. .stated in the interview that she initially thought defendant was “just checking on me,” but she told her Aunt D.J. about defendant’s behavior because H.R. didn’t think that the touching was necessary. H.R. told the interviewer that she later found out that something had happened to P.B. and B.B, as well,, but did not know what exactly had occurred. ■

In= her trial testimony after viewing the Gingerbread House interview, H.R. explained her understanding that a lie is something that “didn’t happen, ... but the truth is what acthally happened or how you actually feel.” H.R. testified that she told Dr. Holloway-Alford the same information that she gave to the interviewer at the Gingerbread House. H.R. recalled speaking with Lucky Raley, an investigator with the Public Defender’s Office. H.R, testified that her first interview with Raley was recorded and that she told him the same information that she had. given to the Gingerbread House interviewer. H.R. explained that - she participated in [ B“Papaw-Grandkid” days, during - which defendant would take one of his grandchildren “wherever we wanted to go.” ' H.R. testified that she loved her grandfather, but that her description of his improper touching was the truth.

On cross-examination, H.R. stated that she spoke with Raley- twice and told him the same information on both occasions. H.R. testified that she had written letters to defendant while he was in prison and that she loved her grandfather, but reiterated that all of her allegations against defendant were the truth.

P.B., the daughter of Vera Gardner, was born in 2001 and is B.B.’s sister. At trial, P.B. testified that she, B.B., and their mother live with their Aunt D.J., who- is a daughter of defendant. In court, P.B.

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Cite This Page — Counsel Stack

Bluebook (online)
189 So. 3d 513, 2016 WL 1357764, 2016 La. App. LEXIS 631, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-wilson-lactapp-2016.