United States v. Eagle

515 F.3d 794, 75 Fed. R. Serv. 730, 2008 U.S. App. LEXIS 2424, 2008 WL 281824
CourtCourt of Appeals for the Eighth Circuit
DecidedFebruary 4, 2008
Docket07-1555
StatusPublished
Cited by69 cases

This text of 515 F.3d 794 (United States v. Eagle) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eighth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
United States v. Eagle, 515 F.3d 794, 75 Fed. R. Serv. 730, 2008 U.S. App. LEXIS 2424, 2008 WL 281824 (8th Cir. 2008).

Opinion

BEAM, Circuit Judge.

A jury convicted John Michael Jumping Eagle on two counts of aggravated sexual abuse, within Indian country, in violation of 18 U.S.C. §§ 2241(c), 2246(2)(A), 2246(2)(C), and 1153. The victim was Jumping Eagle’s eight-year-old nephew, J.J. Jumping Eagle now appeals his conviction, raising numerous issues. For the reasons stated below, we reject Jumping Eagle’s contentions and affirm the district court. 1

I. BACKGROUND

In 2002, Jumping Eagle lived in Man-derson, South Dakota, with his parents. During the summer, Jumping Eagle’s nephew, J.J., started regularly visiting his grandparents, Jumping Eagle’s parents. On these visits, J.J. would help one of his aunts with her children as well as play games with Jumping Eagle. At night, J.J. slept on a couch in his grandparents’ living room while Jumping Eagle slept on a different couch in the same room.

At trial, J.J. gave the following account. One night, while he was sleeping on the couch, he awoke to find his pants pulled down, and he felt “someone” (or “something”) 2 inside of him. The feeling was painful. Jumping Eagle was on top of him, holding his mouth shut, preventing him from screaming. While Jumping Eagle held his hands, Jumping Eagle inserted “something” into his anus. He fought to get Jumping Eagle off of him, but to no avail. Finally, however, he was able to let out a scream. When he screamed, Jumping Eagle got off him and returned to his couch.

After the assaults, 3 J.J. experienced mental, emotional, and physical problems. For instance, he began feeling sad and unhappy and also experienced encopresis, or involuntary defecation. J.J. eventually told his mother what Jumping Eagle had done, after which J.J.’s mother took him to a doctor and a social service worker called the police. Approximately two weeks after J.J. told his mother, he visited Black Hills Pediatrics, where Dr. Lori Strong evaluated him for signs of sexual assault. Before Dr. Strong examined J.J., Lora Hawkins, a forensic investigator, interviewed J.J. In this interview, J.J. stated that Jumping Eagle sexually assaulted him on several occasions while he was visiting his grandparents.

Soon after J.J. disclosed the sexual abuse to his mother, FBI Special Agent Richard Lauck interviewed Jumping Eagle in Manderson. Jumping Eagle initially denied J.J.’s allegations, but later confessed to digitally penetrating J.J.’s anus in the mistaken belief that J.J. was his girlfriend. At the conclusion of the interview, Jumping Eagle memorialized his confession in writing. Several weeks after Jumping Eagle confessed to Agent Lauck, FBI Special Agent Kelly Kenser interviewed Jumping Eagle. During this inter *800 view, Jumping Eagle again admitted to digitally penetrating J.J.’s anus. Jumping Eagle also confessed to placing his penis on J.J.’s buttocks and inserting it into J.J.’s anus. At Agent Kenser’s behest, Jumping Eagle agreed to repeat his confession while Agent Kenser tape recorded it. On tape, Jumping Eagle only admitted to placing his penis on J.J.’s buttocks.

Following the FBI’s investigation, a grand jury indicted Jumping Eagle on two counts of aggravated sexual abuse. Jumping Eagle pled not guilty, and after a three-day trial, the petit jury convicted Jumping Eagle on both counts. Jumping Eagle now appeals his conviction, arguing the district court erred: (1) by abandoning its gatekeeping function and admitting expert testimony that speculated as to causation; (2) by admitting two different hearsay statements; (3) when it permitted the government to employ several improper impeachment techniques; (4) by permitting the government to make certain remarks during its closing argument, denying him a fair trial; and (5) when it denied his motion for judgment of acquittal. Because we find that the district court did not commit reversible error, we affirm.

II. DISCUSSION

A. Expert Witness

Jumping Eagle first challenges the district court’s decision to admit Dr. Strong’s expert testimony. He argues that the district court failed to require the government to establish an adequate foundation for Dr. Strong’s testimony about the cause of J.J.’s encopresis. We disagree.

We review a district court’s ruling admitting expert testimony under Federal Rule of Evidence 702 for an abuse of discretion. In re Air Crash at Little Rock, Ark. on June 1, 1999, 291 F.3d 503, 509 (8th Cir.2002). Rule 702 permits a district court to admit the testimony of a witness whose knowledge, skill, training, experience, or education will assist a trier of fact to understand the evidence or determine a fact in issue, if the testimony is both relevant and reliable. Fed.R.Evid. 702; Daubert v. Merrell Dow Pharms., Inc., 509 U.S. 579, 589-91, 113 S.Ct. 2786, 125 L.Ed.2d 469 (1993). There is, however, no requirement that the district court always hold a Daubert hearing before qualifying an expert witness under Rule 702. United States v. Evans, 272 F.3d 1069, 1094 (8th Cir.2001).

In child sexual abuse cases, “a qualified expert can inform the jury of characteristics in sexually abused children and describe the characteristics the alleged victim exhibits.” United States v. Kirkie, 261 F.3d 761, 765-66 (8th Cir.2001) (internal quotations omitted). An expert can also summarize the medical evidence and express an opinion that the evidence is consistent or inconsistent with the victim’s allegations of sexual abuse. Id. at 766. An expert, however, cannot express an opinion that sexual abuse has in fact occurred or vouch for the victim. Id.

In the instant case, the government designated Dr. Strong as its expert, and during a pre-trial conference, Jumping Eagle asked the district court to exclude her testimony regarding certain medical conditions suffered by J.J., such as whether the sexual abuse caused J.J.’s encopresis, or in the alternative, to hold a Daubert hearing to ascertain whether Dr. Strong’s testimony regarding causation was supported by reasonable medical certainty. The district court denied both requests and allowed Dr. Strong to testify.

Dr. Strong testified that J.J.

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Bluebook (online)
515 F.3d 794, 75 Fed. R. Serv. 730, 2008 U.S. App. LEXIS 2424, 2008 WL 281824, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-eagle-ca8-2008.