Barrett v. State

Decision Date31 December 1996
Docket NumberNo. 55A01-9604-CR-135,55A01-9604-CR-135
PartiesAlice BARRETT, Appellant-Defendant, v. STATE of Indiana, Appellee-Plaintiff.
CourtIndiana Appellate Court
OPINION

BAKER, Judge

In this case of first impression we are asked to determine whether testimony regarding Battered Women's Syndrome is relevant to the issue of a defendant's intent to commit a crime. Appellant-defendant Alice Barrett was convicted of Neglect of a Dependent, 1 a Class B felony, following the death of her four-year-old child at the hands of Barrett's live-in boyfriend. Prior to trial, the trial court granted the State's motion in limine seeking to preclude Barrett from presenting evidence regarding Battered Women's Syndrome. On appeal, Barrett contends that the trial court erred for the following reasons: 1) determining that evidence of Battered Women's Syndrome was irrelevant except in cases involving a claim of self-defense; 2) refusing her tendered instructions on Battered Women's Syndrome and the definition of "knowing"; 3) denying her request to individually voir dire the jury; and 4) relying on improper aggravators to impose the maximum sentence.

FACTS 2

The factual background relevant to this appeal begins many years ago in Barrett's childhood. Barrett's parents, Lorene and Daniel, divorced when Barrett was five years old. Initially, Barrett resided with Lorene; however, when Lorene lost her job, she sent Barrett to California to live with Daniel. Daniel was a heavy drinker who routinely whipped Barrett with a belt, beat her head against a wall and grabbed her by the ears. Record at 2060-62.

When Barrett was fourteen years old, Daniel took her and her brother, Jeff, to the bus station and sent them back to Indiana to reside with Lorene. Soon thereafter, Lorene sent Jeff away. As a result, Barrett left Lorene's home traveled to California. Eventually, Barrett returned to Indiana and took up residence with a family friend.

Thereafter, Barrett began a series of relationships with abusive men. First, Lorene dated Charlie, who drank heavily and abused her. R. at 2065-66. Barrett had one child with Charlie, C.J. Next, Barrett dated Perry, who was a heroin addict and who fathered two of Barrett's children, Heather and Hope. R. at 2066. Next, Barrett began a relationship with Johnnie, who was extremely protective and jealous. R. at 2068-69. Finally, in July 1995, Barrett began dating Steve Sherwood, who drank heavily. According to Barrett, her relationship with Sherwood was stormy in that he would often drink, become loud and angry and attempt to dominate her by following her and forcing her to stay by his side. On several occasions, Barrett attempted to leave Sherwood, only to eventually return to him.

On September 18, 1995, Sherwood telephoned Barrett at work to inform her that he had spanked Hope and had left a hand print on her buttocks. When Barrett returned from work, she did not inspect Hope's buttocks. However, three days later, when Barrett's roommate, Chris McGowan, was in the bathroom with Hope, Chris noticed that Hope's entire bottom was black and blue. Chris informed Barrett, who then confronted Sherwood. Sherwood cried and stated that he did not intend to hit Hope so hard.

Thereafter, on September 22, 1995, Barrett's mother, Lorene, contacted Barrett about babysitting Hope. During their conversation, Barrett informed Lorene of Hope's bruises. As a result, Lorene took Hope to the Fayette County Sheriff's Department to report the injuries. When Officer Jeff Griffin contacted Barrett regarding the bruises, she stated that Sherwood had admitted that he had spanked Hope and left a hand print. Barrett further reported that on another occasion Hope had fallen, hit her head and vomited and that Sherwood had yelled at Hope, grabbed her hair and pushed her face into the vomit.

Early the following morning, Barrett was awakened by Sherwood who was straddling her and holding a knife. When Barrett screamed, Sherwood threatened to kill her and Hope unless she was quiet. Sherwood then ordered Hope, who had been sleeping in Barrett's bed, to the floor and asked her if he had whipped her. When she answered affirmatively, he called her a liar. Subsequently, Sherwood and Barrett engaged in intercourse. Thereafter, Barrett called 911 and reported that Sherwood was in her home and was unwelcome. Connersville Police Officers William Rockwell and Jeffrey Locke responded to the call and removed Sherwood from Barrett's residence.

Later that day, Barrett again spoke with Officer Griffin and told him that she had been sexually abused by Sherwood that morning. Officer Griffin suggested that Barrett seek shelter at a home for battered women. Barrett declined, but took Hope with her to her brother's residence in Mitchell, Indiana. While Barrett was at her brother's house, Sherwood was charged with Battery, two counts of Criminal Confinement, Rape and Residential Entry.

The following week, Barrett and Hope returned to Connersville. Officer Griffin advised Barrett that a warrant had been issued for Sherwood's arrest, but Barrett indicated that she did not know of his whereabouts. On October 8, 1995, however, Barrett and Hope moved with Sherwood to Martinsville, Indiana, and took up residence at the Hilltop Motel. While Sherwood and Barrett worked, Michelle Fox took care of Hope. When Fox first met Hope, she noticed bruises on Hope's face. Fox questioned Barrett, who explained that Hope had been injured while riding in a truck with Sherwood. Specifically, Barrett stated that Sherwood had swerved to avoid hitting a deer and that Hope had fallen to the floor of the truck. When Barrett later explained the same bruises to her co-workers, she added that when the truck stopped, a tool box slid from the back to the front of the truck and fell on Hope. On another occasion, Barrett explained Hope's fat lip by stating that Sherwood was shaving, had cut himself and was attempting to open the bathroom door when it struck Hope in the face.

On October 21, 1995, Barrett reported to work at approximately 6:00 p.m. Shortly after Barrett arrived, she received a telephone call from Sherwood who stated that Hope was hot and had fainted. Barrett spoke to Hope and asked Sherwood to call her later. When Sherwood called back, he stated that Hope was fine. Barrett left work at approximately 1:00 a.m. and returned to the motel to find Hope dead. Barrett screamed at Sherwood: "What have you done?" and ran hysterically from the hotel. R. at 1465. When questioned by the Indiana State Police and the Morgan County Sheriff's Department, Barrett stated that she was afraid of Sherwood, was stupid to have stayed with him and that she had "paid the ultimate price for her mistake." R. at 1328.

Subsequently, Barrett was charged with neglect of a dependent resulting in serious bodily injury, a class B felony. During voir dire, Barrett petitioned the trial court to question the prospective jurors individually regarding an article which had appeared in a local newspaper. The article had reported that Barrett's two other children had been adjudicated children in need of services (CHINS) and had been removed from her home during the previous year. The trial court denied her request. Additionally, the trial court granted the State's motion in limine seeking to exclude Barrett's evidence of Battered Women's Syndrome as either a defense or as evidence of her intent, character or state of mind. Barrett was tried by a jury on December 21, 1995, and was convicted as charged. On January 19, 1996, the trial court sentenced Barrett to twenty years imprisonment. Barrett now appeals.

I. Battered Women's Syndrome

Barrett contends that the trial court erred by disallowing her expert testimony regarding Battered Women's Syndrome (BWS). 3 Prior to trial, the State filed a motion in limine seeking to preclude Barrett from introducing evidence of BWS. Following argument from the parties, the trial court granted the motion, concluding:

The Court has researched the law in the State of Indiana and has found no case in which the "Battered Woman's Syndrome" has been recognized as a defense to the crime of Neglect of a Dependent Resulting in Serious Bodily Injury. This theory defense [sic] is inherent within a case in which the Defendant is charged with an assault upon the victim (perpetrator of the abuse) as a self-defense argument; however, this theory of defense is not available in a case in which the victim of the crime is not the perpetrator of the abuse, but instead the alleged perpetrator of abuse is a third-party....

R. at 306. According to Barrett, evidence of BWS was relevant to show that she did not knowingly or intentionally neglect her child. Additionally, she claims that she was denied her right to present a defense on her own behalf because she was prevented from responding to the prosecutor's question during both opening and closing arguments regarding why she stayed with Sherwood.

In response, the State contends that the trial court correctly excluded evidence of BWS pursuant to Ind.Evidence Rules 401 and 403. In particular, the State argues that BWS is irrelevant in cases which do not involve the issue of self-defense. 4

In Indiana, the general rule is that evidence is relevant if it tends to make the existence of any fact that is of consequence to the determination of the action more probable or less probable than it would be without the evidence. Evid.R. 401; Hardin v. State, 611 N.E.2d 123, 127 (Ind.1993) (evidence is relevant if it tends to prove or disprove a material fact or sheds any light on guilt or innocence of accused). Evidence tending to prove a material fact is admissible even if the tendency to provide such proof...

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13 cases
  • Wisehart v. State
    • United States
    • Indiana Supreme Court
    • March 19, 1998
    ...that a notice of insanity was not required to contest the voluntariness of defendant's actions), reh'g denied.; Barrett v. State, 675 N.E.2d 1112, 1117 (Ind.Ct.App.1996) (in holding that evidence of battered woman's syndrome was admissible to negate defendant's mental state, the court did n......
  • State v. Stewart
    • United States
    • West Virginia Supreme Court
    • November 28, 2011
    ...See Mott v. Stewart, 2002 WL 31017646 (D.Ariz.2002); Pickle v. State, 280 Ga.App. 821, 635 S.E.2d 197 (2006); Barrett v. State, 675 N.E.2d 1112 (Ind.Ct.App.1996) (superceded by statute). In People v. Minnis, 118 Ill.App.3d 345, 74 Ill.Dec. 179, 455 N.E.2d 209 (1983), the court held that exp......
  • Pickle v. State, No. A06A0502.
    • United States
    • Georgia Court of Appeals
    • July 14, 2006
    ...jury instructions could explain the limited purpose for which the evidence should be considered. Id. Similarly, in Barrett v. State, 675 N.E.2d 1112, 1116 (Ind.Ct.App.1996), the Indiana Court of Appeals held that evidence of battered person syndrome was admissible to negate the defendant's ......
  • Timberlake v. State
    • United States
    • Indiana Supreme Court
    • December 30, 1997
    ...where circumstances are highly unusual or potentially damaging to the defendant. Hadley, 496 N.E.2d at 72; Barrett v. State, 675 N.E.2d 1112, 1118-19 (Ind.Ct.App.1996). Defendant points to no evidence of unusual circumstances that necessitate individual voir dire. Voir dire was conducted as......
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2 books & journal articles
  • Requiring battered women die: murder liability for mothers under failure to protect statutes.
    • United States
    • Journal of Criminal Law and Criminology Vol. 88 No. 2, January 1998
    • January 1, 1998
    ...excluded testimony regarding BWS and its impact on the mother's ability to make decisions to protect her child); Barrett v. State, 675 N.E.2d 1112 (Ind. Ct. App. 1996) (reversing trial court ruling that BWS evidence only was admissible for self defense but was not relevant when the victim, ......
  • § 24.14 BATTERED WOMAN SYNDROME
    • United States
    • Carolina Academic Press Understanding Evidence (CAP) Title Chapter 24 Expert Testimony
    • Invalid date
    ...the assault but then recanted her grand jury testimony at trial; BWS evidence admissible to explain recantation); Barrett v. State, 675 N.E.2d 1112 (Ind. App. 1996) (BWS evidence relevant to a neglect-of-dependent charge). ...

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