State v. Yochim

496 So. 2d 596
CourtLouisiana Court of Appeal
DecidedOctober 15, 1986
Docket86 KA 0421, 86 KA 0422
StatusPublished
Cited by9 cases

This text of 496 So. 2d 596 (State v. Yochim) 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. Yochim, 496 So. 2d 596 (La. Ct. App. 1986).

Opinion

496 So.2d 596 (1986)

STATE of Louisiana
v.
Willard YOCHIM, III.
STATE of Louisiana
v.
Willard YOCHIM.

Nos. 86 KA 0421, 86 KA 0422.

Court of Appeal of Louisiana, First Circuit.

October 15, 1986.

*597 Bryan Bush, Dist. Atty., Office of the Dist. Atty., Baton Rouge, by Don Wall, Asst. Dist. Atty. for plaintiff-appellee.

Jack Dampf, Baton Rouge, for defendant-appellant.

Before EDWARDS, WATKINS and JOHN S. COVINGTON, JJ.

WATKINS, Judge.

Defendant, Willard D. Yochim, III, appeals his convictions of aggravated rape and aggravated crime against nature. The sole issue before us is whether the trial judge erred in permitting a sheriff's detective to repeat certain statements made to him by the victim on the afternoon she was abducted and raped. Because these statements fall within the recognized exception to the hearsay rule for excited utterances as the early complaint of a rape victim, we affirm.

STATEMENT OF FACTS

At approximately 2:15 p.m. on June 27, 1985, a man, later identified as the defendant, knocked on the door of the victim's home in East Baton Rouge Parish and asked if her husband was home. The victim, a young married woman, said no, and the defendant then told her he was having trouble with his truck and asked for her help. At his request, the victim got into the cab of the defendant's blue pickup truck while he held the battery cable. When the truck started, the defendant closed the hood, walked to the driver's door, and drew a knife. After a struggle, he forced the victim to the floor of the truck and drove away with her. He threatened to kill her if she didn't settle down. He told her that he would go to prison for life if he was caught and had nothing to lose by killing her. They drove approximately nineteen miles to a remote pipeline crossing. Shortly after 3:00 p.m., the defendant, while holding the knife below her ribs, led the victim into the woods. There, he forced her to submit to oral and anal intercourse. The victim was so frightened that she had a bowel movement during the rape. After cleaning and dressing themselves, they returned to the pickup. The victim promised not to tell anyone what had happened and to make up an explanation for her disappearance. With these assurances, the defendant drove the victim approximately thirteen miles to a highway shoulder six miles from her home, where he left her. Before driving away, he told her that he would "be back."

At approximately 3:45 p.m., the victim was picked up on the highway shoulder by a passing motorist, Camille Macaluso. She had walked and run, barefoot, less than a quarter of a mile. Macaluso testified that the victim started "hollering and screaming that she had been raped" and that she was afraid to get into his car. She was very emotionally upset. The victim told Macaluso only that she had been raped by a white man, that he had a blue pickup truck, and that she had persuaded the man to release her. Macaluso then drove the victim toward her mother-in-law's home. During the drive the victim was alternately calm and hysterical.

After driving for less than ten minutes, Macaluso was stopped by off-duty state policeman Wayne Borders, an acquaintance of the victim who had been searching for her. Borders stated that the victim was terribly upset and that she started crying. She told him only that she had been raped, and wanted to be taken home. Borders then drove the victim the short distance to her mother-in-law's house. He carried her to a bedroom where she began to cry again.

The first person to learn the details of the abduction and rape was Sgt. Freddie Fletcher of the East Baton Rouge Sheriff's Department. Fletcher arrived at the house at approximately 4:00 p.m. He stated that the victim was "very, very hysterical" and would not talk to him for fifteen minutes.

*598 The victim stated she was afraid to talk because the defendant would kill her. Fletcher asked questions to the victim which were repeated by her mother-in-law. Sgt. Fletcher's testimony indicates that he heard the victim's responses, and that the questioning lasted from approximately 4:15 p.m. until 4:30 p.m. The victim was then taken back to the rape scene and, eventually, to a hospital. The physician who examined her at the hospital indicated the victim was still extremely emotionally upset.

The defendant was arrested six days later, on July 2, 1985, and charged with aggravated rape, in violation of LSA-R.S. 14:42, and aggravated crime against nature, in violation of LSA-R.S. 14:89.1. Trial by jury was held in December, 1985. After the victim testified, Sgt. Fletcher related, over objection, certain statements made by her at the initial interview on the day of the rape. These statements described the defendant's height, weight, appearance, tattoos, pickup truck, and the details of the truck's interior. The defendant was later found guilty of both offenses. He was sentenced concurrently, at hard labor and without benefit of parole, probation, or suspension of sentence, to life imprisonment for aggravated rape, and thirteen years imprisonment for aggravated crime against nature.

STATEMENT OF LAW

The victim's out-of-court unsworn statements to Sgt. Fletcher on June 27, 1985, were offered at trial for the truth of the matters asserted, and were clearly hearsay. State v. Martin, 356 So.2d 1370 (La.1978). Hearsay statements are inadmissible except as provided by statute or by the traditional common law hearsay exceptions. State v. Henderson, 362 So.2d 1358 (La.1978); State v. Smith, 285 So.2d 240 (La.1973); LSA-R.S. 15:434, 463.

By statute, Louisiana recognizes the res gestae exception to the hearsay rule. LSA-R.S. 15:447, 448.[1] Though it is often referred to as res gestae, the courts of Louisiana recognize the common law hearsay exception for statements made under the influence of a startling event, that is, for excited utterances. State v. Brown, 395 So.2d 1301 (La.1981); State v. Henderson, supra. The excited utterance exception derives,[2] but is distinct, from the res gestae exception and has its own bases for admissibility. State v. Johnson, 461 So.2d 1273 (La.App. 1st Cir.1984). See State v. Brown, supra.

Louisiana also recognizes, in prosecutions for sex offenses, a special form of the excited utterance (res gestae) exception. See State v. Pace, 301 So.2d 323 (La.1974); C. McCormick, Evidence § 297 *599 (3d ed. 1984); 6 J. Wigmore, Evidence §§ 1760-1761 (Chadbourn rev. 1976); Comment, Excited Utterances and Present Sense Impressions as Exceptions to the Hearsay Rule in Louisiana, 29 La.L.Rev. 661, 675 (1969). The original complaint of a young child is admissible when the particular facts and circumstances of the case indicate that the complaint was the product of a shocking episode and not fabrication. State v. Prestridge, 399 So.2d 564 (La.1981); State v. Adams, 394 So.2d 1204 (La.1981); State v. Brown, 302 So.2d 290 (La.1974). This rule is not relevant to the present case. There is also an "exception" to the hearsay rule for the early complaints of rape victims. When there is no unexplained lapse of time between the rape and the victim's complaint, and when the utterance is spontaneous, the person to whom the complaint was made is allowed to repeat the complaint in court. State v. Middlebrook, 409 So.2d 588 (La.1982); State v. Hatcher, 372 So.2d 1024 (La.1979); State v. Elzie, 351 So.2d 1174 (La.1977).

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Bluebook (online)
496 So. 2d 596, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-yochim-lactapp-1986.