United States v. Patterson

54 M.J. 74, 2000 CAAF LEXIS 985, 2000 WL 1279659
CourtCourt of Appeals for the Armed Forces
DecidedSeptember 8, 2000
Docket99-0901/AR
StatusPublished
Cited by3 cases

This text of 54 M.J. 74 (United States v. Patterson) is published on Counsel Stack Legal Research, covering Court of Appeals for the Armed Forces primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
United States v. Patterson, 54 M.J. 74, 2000 CAAF LEXIS 985, 2000 WL 1279659 (Ark. 2000).

Opinions

Judge SULLIVAN

delivered the opinion of the Court.

During the Spring of 1998, appellant was tried by a general court-martial composed of a military judge sitting alone at Fort Benning, Georgia. Pursuant to his pleas, he was found guilty of 2 specifications of raping a child under 16 on divers occasions, 2 specifications of forcible sodomy of a child under 12 on divers occasions, 4 specifications of committing indecent acts with a child, disobedience of a lawful order, and damaging military property, in violation of Articles 120, 125, 134, 90, and 108, Uniform Code of Military Justice, 10 USC §§ 920, 925, 934, 890, and 908, respectively. On March 20, 1998, he was sentenced by a military judge to a dishonorable discharge, 45 years’ confinement, total forfeitures, and reduction to pay grade E-l. On May 21, 1998, the convening authority, in accordance with his pretrial agreement, reduced confinement to 25 years but otherwise approved the adjudged sentence. The Court of Criminal Appeals affirmed the findings of guilty and sentence in a memorandum opinion on January 22, 1999, and again on April 12, 1999, on reconsideration.

This Court on December 9, 1999, granted review on the following issue of law:

WHETHER THE MILITARY JUDGE ABUSED HIS DISCRETION AND MATERIALLY PREJUDICED APPELLANT’S RIGHT TO A FAIR TRIAL BY PERMITTING IRRELEVANT EXPERT TESTIMONY CONCERNING TREATMENT OF PEDOPHILES AT THE SENTENCING PHASE OF TRIAL WHEN THERE HAD BEEN NO DIAGNOSIS OF APPELLANT AS A PEDOPHILE AND THE EXPERT WAS NOT QUALIFIED TO PREDICT APPELLANT’S RESPONSIVENESS TO TREATMENT.

We hold that no error was committed by the military judge in admitting the expert testimony on “grooming” to explain the impact of the offenses on the victim. Any error that may have been committed in admitting expert testimony concerning a groomer’s lack of potential for rehabilitation was not plain error requiring the reversal of appellant’s sentence. See United States v. Stinson, 34 MJ 233, 238-39 (CMA 1992) (presumption that military judge will properly evaluate testimony in context of evidentiary rules).

At the time of his court-martial, March 20, 1998, appellant was a 31-year-old married Sergeant (E-5) with approximately 6 years of active Army service. He had two children, an 8-year-old son and a 9-year-old daughter. On January 4, 1998, his daughter told her mother that appellant had been sexually abusing her. When interviewed by the Criminal Investigative Command (CID) at Fort Benning, Georgia, appellant admitted that he had been sexually abusing his daughter since she was 5. The abuse began while his family was in Germany. Initially, appellant merely massaged his daughter’s naked body and touched her private areas. Later, he began rubbing his penis against her body, and soon thereafter, he persuaded his daughter to masturbate him. Over time, the abuse escalated into sexual intercourse and sodomy. The sexual activity continued after appellant’s family moved to Georgia.

After his confession to the CID, appellant was given a written order by his company commander to avoid any contact with his wife and children. On January 10,1998, appellant disobeyed the no-contact order when he broke his restriction from the fourth floor of Martin Army Community Hospital and ran to his on-post quarters. He yelled at his wife to open the door. After the wife and children exited through the back door, appellant broke the front door down. The damage to the door was in excess of $100.00. Appellant wanted to get the keys to his truck and flee Fort Benning. However, the military police arrived at the quarters and blocked his escape.

[76]*76The Government called as a sentencing witness Lieutenant Colonel (Doctor) William S. Evans, Chief of Child Adolescent Family Psychiatry at Eisenhower Medical Center. He testified that he met and talked with appellant’s wife, examined appellant’s daughter, and talked with her therapist. (R. 65). He stated that he did these things in order to testify “about the impact these crimes may have on [appellant’s daughter] and her family” and to “learn[ ] about the accused and any possible condition he may have.” (R. 66). The defense stipulated that he was an expert in the fields of general psychiatry and child and adolescent psychiatry. (R. 71). However, it objected to this witness “classifying any psychiatric orders or disorders that [appellant] may have on the grounds that he does not have personal knowledge, has not conducted the appropriate interviews ... [to] adequately lay sufficient foundation for him to make a prognosis.” (R. 76). The military judge sustained the defense’s objection. (R. 78).

Doctor Evans then was asked a series of questions concerning the impact of the charged offenses on appellant’s daughter.

Q. Sir, [EP’s] provocativeness at the age that she is now, how do you believe that came about?
A. My assumption would be that would be one of the behaviors that dad had rewarded or fostered along the way, some little smiles or other things are something that did sort of at some level either overtly or covertly gave her a message that that was nice, he liked that.
Q. And actions by dads like that, sir, is there — what is that called in the field of psychiatry?
A. I think what you’re referring to is grooming.
Q. And could you explain grooming, the idea of grooming?
A. When I talk about grooming it’s a particular description of activities in a pedophile—
DC: Objection, Your Honor. We’ve already covered this area regarding a diag- ■ nosis of Sergeant Patterson. You’ve ruled that Colonel Evans doesn’t have the requisite knowledge to discuss that regarding Sergeant Patterson himself.
MJ: I am going to alloiv this testimony though, however, as it impacts the — how these offenses were committed and how— and what goes into committing them. And I understand that to be what the doctor is testifying about now. He’s not specifically testifying about Sergeant Patterson, but is testifying about how these offenses were probably committed as evidenced] by his examination of this person. Is that correct or am I—
WIT: I believe so, sir.
MJ: Okay, if I’m not then I’m certainly subject to not being correct. Why don’t you just sort of correct me if you think that I’m incorrect on it.
WIT: I think so.
MJ: Okay, I think I’m in the ballpark. Okay. I’m going to overrule your objection; that’s at least the way Pm going to consider it.
DC: Thank you.
MJ: If there is something else you need to tell me about that doctor then let me know. Go ahead.
Q. Sir, explain to us grooming, could you?
A. Grooming is a description of how one starts to engage children, starting from just — it could be facial contact. How one goes about talking to them. How one initiates initial sexual contact, and how one then over a period of — it could be of days to weeks to in this case years escalates that to more and more activity, more and more varied different types of sexual activity, all the way up to sexual intercourse and the like.

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Cite This Page — Counsel Stack

Bluebook (online)
54 M.J. 74, 2000 CAAF LEXIS 985, 2000 WL 1279659, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-patterson-armfor-2000.