TEUTSCH v. Cordell

15 So. 3d 1272, 2009 La. App. LEXIS 1377, 2009 WL 1874625
CourtLouisiana Court of Appeal
DecidedJuly 1, 2009
Docket44,565-JAC
StatusPublished
Cited by2 cases

This text of 15 So. 3d 1272 (TEUTSCH v. Cordell) 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
TEUTSCH v. Cordell, 15 So. 3d 1272, 2009 La. App. LEXIS 1377, 2009 WL 1874625 (La. Ct. App. 2009).

Opinions

WILLIAMS, J.

11The defendant, Richard R. Cordell, Jr., appeals a juvenile court judgment issuing an order of protection from abuse, which, inter alia, prohibits him from having any visitation or contact with his ten year-old daughter until she reaches her eighteenth birthday, or until further order of the court.1 The defendant was ordered to [1274]*1274seek professional counseling for “sexual perpetrator evaluation and treatment.” Temporary custody of the child was granted to the petitioner, Karla Teutsch, who was ordered to obtain “sexual abuse counseling” for the child and to assure that “the child has no contact whatsoever with the defendant.” For the reasons set forth herein, we affirm the trial court’s judgment.

FACTS

The petitioner, Karla Teutsch, and the defendant, Richard R. Cordell, Jr., are the parents of S.K.C.2 The petitioner and the defendant were divorced in 2001, and joint custody was awarded to both parents. The custody arrangement was as follows: the petitioner was granted the domicilliary custody of S.K.C.; during the school year, the defendant had visitation with S.K.C. every Wednesday and every other weekend; during the summer months, S.K.C. spent alternate weeks with each parent.

On December 2, 2008, the petitioner filed a petition for protection from abuse on behalf of S.K.C., pursuant to LSA-Ch.C. art. 1564, et seq. The petitioner alleged that S.K.C. had reported to her that “her father was |2touching her and making her sleep in the same bed as him when she stays with him.” The petitioner requested temporary custody of S.K.C. and a temporary restraining order (“TRO”) forbidding the defendant from having contact with S.K.C.

On December 11, 2008, S.K.C. was interviewed at the Pine Hill Advocacy Center.3 During the interview, S.K.C. stated that she slept in the bed with the defendant when she visited him and that the defendant slept in “his underwear, sometimes only his boxer shorts.” S.K.C. also stated that the defendant had begun touching her buttocks and breast area while in bed with her, and she wanted the touching to stop.

A TRO was issued on December 12, 2008, prohibiting the defendant from having contact with S.K.C.4 A hearing on the protective order was held on February 4, 2009.

During the hearing, the petitioner testified that S.K.C. informed her of the touching for the first time on Thanksgiving Day in 2008. She stated that she contacted Child Protective Services, and a worker advised her to file a petition for protection from abuse. The petitioner also testified that S.K.C. had reported that the defendant had “touched her butt again” during a supervised visit at S.KC.’s birthday party after the TRO was issued. The petitioner stated S.K.C. did not want to continue to visit with the defendant “if that was going to continue to happen.” The petitioner further testified |3that she was aware that S.K.C. slept in the same bed as the defendant during the visits. The petitioner stated that she had voiced an objection to the sleeping arrangements “on several different occasions.” She also stated that during an unrelated proceeding, a family court judge had addressed the issue of S.KC.’s sleeping arrangements during visits with the defendant. The petitioner testified that the judge had told the defendant “that he needed to make other arrangements for [S.K.C.]” and instructed him “not to sleep in the same bed with her.”

[1275]*1275Richard Cordell, Sr., the defendant’s father, also testified. Mr. Cordell testified that on several occasions, he had “recommended to [S.K.C.] that we would make accommodations for her to have her own bedroom by herself, and [the defendant] was there listening....” Mr. Cordell stated that S.K.C. had never received her own bedroom or bed because “she prefers to sleep with her daddy.” Mr. Cordell testified that the defendant and S.K.C. kept the bedroom door open and that he had never seen the defendant touch S.K.C. on her buttocks or breast area. With regard to the allegation of inappropriate touching at the birthday party after the TRO was issued, Mr. Cordell testified that he was within sight and sound of the defendant at all times, and he never saw the defendant touch S.KC.’s buttocks.

Mary Cordell, the defendant’s mother, testified that she was in attendance at the birthday party at which the new allegations of abuse took place. She stated that she was taking pictures and did not see the defendant |4touch S.K.C. on the buttocks.5 Mrs. Cordell also testified that she had suggested that S.K.C. be given her own bedroom on several occasions, but S.K.C. “wanted to sleep with her daddy.” She stated that she and her husband thought that S.K.C. was “getting a little too old” to be sleeping with the defendant.

At the hearing, the defendant first testified on cross-examination. He admitted that he slept in the bed with S.K.C. when she visited and that he had been doing so since he and the petitioner separated. The defendant testified that he lived with his parents in a house with three bedrooms; one bedroom was occupied by his mother; one bedroom was occupied by his father; one bedroom was occupied by him. The defendant admitted that a family court judge had told him that he “might get [S.K.C.] her own bed.” However, the defendant stated that he did not agree with the judge’s comment and he did not view the statement as an order, but as “a mere suggestion.” The defendant also admitted that his mother had “suggested” to him that his daughter should not be sleeping in the bed with him, but he had not changed the arrangement because he “left that up to [S.K.C.]’s decision.” The defendant testified that he “thought she was still of the age that it [sleeping together] was okay.” The defendant stated that he did not think anything was wrong with sleeping in the same bed with his daughter. However, he stated that he knew that there was a time when sleeping with S.K.C. would no longer be appropriate, but he believed that age was “eleven, twelve, thirteen.” The defendant corroborated S.KC.’s statements |swith regard to his sleeping attire. He stated that he typically slept in “boxer shorts and a shirt,” but at times, he slept in only the boxer shorts. The defendant admitted that he had touched S.KC.’s breast area and buttocks, but “never in an inappropriate manner” and “never in a sexual way.” He stated that any touching was “accidental” or may have occurred when he was “wrestling” with her in his bed. The defendant testified that he did not see anything wrong with “wrestling” with his daughter in bed, and he did not believe that such horseplay between him and his daughter should take place somewhere other than the bed. The defendant testified that S.K.C. was “honest,” but stated that she was “lying” about any inappropriate touching because her “mother put her up to it.”

When questioned by the court with regard to what would constitute an “appro[1276]*1276priate” touching of his daughters breast area, the defendant responded, “Like if you’re driving in the car, and she’s in the front seat, you slam on the brakes, you touch like that.” The colloquy continued as follows:

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Cite This Page — Counsel Stack

Bluebook (online)
15 So. 3d 1272, 2009 La. App. LEXIS 1377, 2009 WL 1874625, Counsel Stack Legal Research, https://law.counselstack.com/opinion/teutsch-v-cordell-lactapp-2009.