Warner v. Commonwealth

621 S.W.2d 22, 1981 Ky. LEXIS 268
CourtKentucky Supreme Court
DecidedSeptember 22, 1981
StatusPublished
Cited by7 cases

This text of 621 S.W.2d 22 (Warner v. Commonwealth) is published on Counsel Stack Legal Research, covering Kentucky Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Warner v. Commonwealth, 621 S.W.2d 22, 1981 Ky. LEXIS 268 (Ky. 1981).

Opinion

STERNBERG, Justice.

Appellant Clayton Warner was indicted by the Fayette County Grand Jury on February 18, 1980, for three counts of first-degree rape (KRS 510.040) and one count of first-degree sodomy (KRS 510.070). A three-day trial resulted in the jury finding the appellant guilty on all counts and recommending ten years’ imprisonment on each of the four counts. The trial judge entered final judgment in which he ran the sentences on counts 1 and 2 consecutively and the sentences on counts 3 and 4 concurrently with the sentences for counts 1 and 2, for a total maximum sentence of 20 years. Appellant’s motion for a new trial was denied. He appeals as a matter of right.

The appellant was a Fayette County deputy jailer, a captain and a shift commander of the Fayette County Detention Center (hereafter referred to as the Center.) Three women charged that he raped them while they were incarcerated in the Center. A fourth woman charged that he forced her to perform fellatio on him while she was incarcerated at the Center. The trial produced no physical evidence and no corroboration of the witnesses’ testimony. It turned out to be a swearing contest, with appellant the unhappy victim.

The only issue raised on this appeal is whether “The trial court erred in admitting evidence of prior immoral acts to impeach appellant’s character and credibility as a witness.”

The three alleged rapes were said to have occurred during the last quarter of 1979. The fellatio offense is charged to have occurred in August or September, 1977.

At the conclusion of the Commonwealth’s case, appellant testified in his own behalf. He denied the charges made against him and testified to impeccable conduct over the past years. On cross-examination the Commonwealth’s Attorney proposed questions to appellant in an unsuccessful attempt to associate him with the commission of prior sex-related offenses. Objections to such questions were overruled by the court, and the appellant was required to answer the questions. This interrogation can best be demonstrated by quoting it:

“Q. Are you denying that you were fired because—
(Objection, overruled)
Q. Are you denying that you were fired because you couldn’t keep your hands off female patrons? (At Marty’s nightclub).
A. I certainly am.
(Objection, overruled)
Q. Have you had any conversations with her (Helen Blankenship) about trying to get her into your way of thinking about sex and going to bed?
A. No, sir.
(Objection, overruled)
Q. Isn’t it true, Mr. Warner, that on many, many occasions you have tried to get Helen Blankenship to go to bed with you?
A. No, sir, that is not true.
Q. Isn’t it true that you’ve fondled her, touched her breasts?
A. No, sir, that’s not true.
Q. You have also fondled female inmates a lot too, haven’t you?
A. No, sir, I have not.
Q. Do you have any idea why she (Libby Sharp) would be willing to come in and testify that she quit her job at the jail because of sexual advances made by you?
(Objection, overruled)
Q. Do you have any idea why Libby Sharp, Mike’s Sharp’s wife, is willing to come here and testify that she quit her job at the jail because of sexual advances made by you?
[24]*24A. No, sir, because I never made sexual advances toward her.
Q. And if Helen Blankenship has given a written statement to the police indicating the times that you have made sexual advances toward her, she’s lying too?
A. I did not make any sexual advances toward her.
Q. Well, that’s what I’m saying. She’s going to be lying too.
A. If she said that, she’d have to be lying.
Q. Just like Tina Hickey and Vicky Holliday and Denise Simpson?
A. I think you know that they’re lying.
Q. No sir. I know they’re telling the truth.
THE COURT: Now, wait a minute. Be careful.
Q. But Libby Sharp and Helen Blankenship will join this cast of liars?
A. I know nothing about any testimony or anything about — I can’t say they’re liars. I’d have to hear what they have to say.
Q. Well, I told you what they’re going to say. If they say that, they’re lying?
A. If they say I made sexual advances to ’em, yes. I’d have to clarify what you call sexual advances.
Q. Well, you define it to me.
(Objection)
Q. Would putting your hand on a woman’s breast without her invitation be a sexual advance.
A. Certainly.
Q. Would putting your hand on a woman’s behind without her invitation be a sexual advance?
A. That would, yes.
Q. Would unbuttoning a woman’s blouse in an elevator when no one else is around and trying to kiss her chest be a sexual advance?
(Objection, overruled. Continuing objection)
Q.

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Related

Thacker v. Commonwealth
816 S.W.2d 660 (Court of Appeals of Kentucky, 1991)
Anastasi v. Commonwealth
754 S.W.2d 860 (Kentucky Supreme Court, 1988)
Sanborn v. Commonwealth
754 S.W.2d 534 (Kentucky Supreme Court, 1988)
Pendleton v. Commonwealth
685 S.W.2d 549 (Kentucky Supreme Court, 1985)

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Bluebook (online)
621 S.W.2d 22, 1981 Ky. LEXIS 268, Counsel Stack Legal Research, https://law.counselstack.com/opinion/warner-v-commonwealth-ky-1981.