Braddy v. State

• Decision Date: 08 September 1992
• Docket Number: No. A92A1439,A92A1439
• Citation: 422 S.E.2d 260,205 Ga.App. 424
• Parties: BRADDY et al., v. The STATE.
• Court: Georgia Court of Appeals

Page 260

422 S.E.2d 260

205 Ga.App. 424

BRADDY et al., v. The STATE.

No. A92A1439.

Court of Appeals of Georgia.

Sept. 8, 1992.

Donna L. Avans, Jefferson, for appellants.

Timothy G. Madison, Dist. Atty., Jeffery G. Morrow, Asst. Dist. Atty., for appellee.

McMURRAY, Presiding Judge.

Defendants James Braddy and Wanda Braddy were convicted of five counts of aggravated sodomy (Counts 1 and 3), aggravated child molestation (Counts 2 and 4) and child molestation (Count 5). The evidence adduced at a joint jury trial reveals that defendant James Braddy sexually molested his stepson in Barrow County, Georgia, when the child was three years of age and that defendant Wanda Braddy aided and abetted by encouraging the criminal conduct, failing to protect the child and failing to report the abuse. This appeal followed the denial of defendants' motions for new trial. Held:

1. Defendant James Braddy contends the evidence is insufficient to support the jury's verdicts. We do not agree.

The victim testified that defendant James Braddy committed acts which constitute aggravated sodomy, aggravated child molestation and child molestation as charged in Counts 3, 4 and 5 of the indictment. The victim's stepmother testified that the victim, while visiting her and the victim's father in the State of Florida, informed her that defendant James Braddy committed acts which constitute aggravated sodomy and aggravated child molestation as charged in Counts 1, 2, 3 and 4 of the indictment. Detective Raymond F. Erickson of the Collier County, Florida Sheriff's Office testified that the victim informed him that defendant James Braddy committed acts which constitute aggravated sodomy and aggravated child molestation as charged in Counts 1, 2, 3 and 4 of the indictment. This evidence was sufficient to authorize the jury's finding that defendant James Braddy is guilty, beyond a reasonable doubt, of aggravated sodomy as charged in Counts 1 and 3 of the indictment, aggravated child molestation as charged in Counts 2 and 4 of the indictment and child molestation as charged in Count 5 of the indictment. Jackson v. Virginia, 443 U.S. 307, 99 S.Ct. 2781, 61 L.Ed.2d 560.

2. Defendant Wanda Braddy challenges the jury's verdicts, arguing the only evidence linking her to the crimes is uncorroborated hearsay that she acted in concert with defendant James Braddy in sexually molesting the victim.

"The Child Hearsay Statute, OCGA § 24-3-16, creates an exception to the hearsay rule for statements made by a child under the age of 14 describing any act of sexual abuse 'if the child is available to testify in the proceedings and the court finds that the circumstances of the statement provide sufficient indicia of reliability.' The law requires only that the child be available to testify; it does not require the child to corroborate the hearsay testimony. See Reynolds v. State, 257 Ga. 725(4) (363 S.E.2d 249) (1988)." Jones v. State, 200 Ga.App. 103, 407 S.E.2d 85.

In the case sub judice, the four-year-old victim testified, but he did not remember if his mother (defendant Wanda Braddy) was present when defendant James Braddy sexually molested him. On the other hand, Elizabeth Harrison of the Sexual Abuse Treatment Program of Collier County, Florida testified that she interviewed the victim; that the victim informed her of defendant Wanda Braddy's presence when the child was sexually molested and that the victim exhibits characteristics common to children who have been sexually abused. This evidence, testimony from other witnesses who interviewed the victim and Elizabeth Harrison's restatement of the young child's detailed account of how he was sexually molested by defendants supports a finding that the victim's out-of-court declarations were reliable and therefore admissible under OCGA § 24-3-16. See Gregg v. State, 201 Ga.App. 238, 239(3), 411 S.E.2d 65. This evidence also supports the jury's finding that defendant Wanda Braddy is guilty, beyond a reasonable doubt, of aiding and abetting defendant James Braddy in the crimes charged in Counts 1 through 5 of the indictment. Jackson v. Virginia, 443 U.S. 307, 99 S.Ct. 2781, supra.

3. Defendant Wanda Braddy contends the trial court erred in allowing evidence that she molested the victim, arguing that such proof was not...