Compton v. Commonwealth
| Decision Date | 13 June 2019 |
| Docket Number | 2017-SC-000401-MR |
| Parties | ALFIE COMPTON APPELLANT v. COMMONWEALTH OF KENTUCKY APPELLEE |
| Court | United States State Supreme Court — District of Kentucky |
IMPORTANT NOTICE NOT TO BE PUBLISHED OPINION
THIS OPINION IS DESIGNATED "NOT TO BE PUBLISHED." PURSUANT TO THE RULES OF CIVIL PROCEDURE PROMULGATED BY THE SUPREME COURT, CR 76.28(4)(C), THIS OPINION IS NOT TO BE PUBLISHED AND SHALL NOT BE CITED OR USED AS BINDING PRECEDENT IN ANY OTHER CASE IN ANY COURT OF THIS STATE; HOWEVER, UNPUBLISHED KENTUCKY APPELLATE DECISIONS, RENDERED AFTER JANUARY 1, 2003, MAY BE CITED FOR CONSIDERATION BY THE COURT IF THERE IS NO PUBLISHED OPINION THAT WOULD ADEQUATELY ADDRESS THE ISSUE BEFORE THE COURT. OPINIONS CITED FOR CONSIDERATION BY THE COURT SHALL BE SET OUT AS AN UNPUBLISHED DECISION IN THE FILED DOCUMENT AND A COPY OF THE ENTIRE DECISION SHALL BE TENDERED ALONG WITH THE DOCUMENT TO THE COURT AND ALL PARTIES TO THE ACTION.
NOT TO BE PUBLISHED
ON APPEAL FROM KENTON CIRCUIT COURT
A Kenton Circuit Court jury convicted Appellant, Alfie Compton, of five counts: count one, incest (victim under 12 years of age); count two, first-degree sodomy (victim under 12 years of age); count three, first-degree sexual abuse (victim under 12 years of age); count four, first-degree sodomy; and count five, first-degree rape. The jury recommended Compton be sentenced to imprisonment for twenty years for count one, twenty years for count two, five years on count three, ten years on count four, and ten years for count five. The jury recommended the sentences for counts one through four run concurrently, for a total of twenty years, and the sentence for count five to run consecutively to that sentence. In accordance with the jury's recommendation, the trial court sentenced Compton to a total of thirty years' imprisonment. Compton now appeals as a matter of right. Ky. Const. § 110(2)(b).
Compton asserts four claims of error on appeal. He claims that the trial court erred by: (1) failing to provide a unanimous verdict in regard to counts one and two, (2) failing to grant Compton's motion to sever the counts of the indictments, and (3) allowing certain expert testimony. As his fourth alleged error, he argues that the combination of these errors, even if harmless when considered alone, resulted in cumulative error. We hold that the trial court violated Compton's right to a unanimous verdict but did not err otherwise. Therefore, we affirm Compton's convictions and corresponding sentences for count three, first-degree sexual abuse (victim under 12 years of age); count four, first-degree sodomy; and count five, first-degree rape. However, we reverse his convictions and vacate the corresponding sentences as to count one, incest (victim under 12 years of age), and count two, first-degree sodomy (victim under 12 years of age), as these two convictions violated his right to a unanimous verdict under this Court's precedent. Therefore, we affirm the trial court in part, reverse and vacate in part, and remand this matter to the trial court for further proceedings consistent with this opinion.
Compton was indicted on June 23, 2016, on five counts. The first four of these counts (incest, two counts of sodomy, and sexual abuse) were for sexual crimes Compton allegedly perpetrated against his minor daughter, Ariana.1 Ariana testified that she was approximately six or seven years old when theacts giving rise to these charges began. Ariana was under the age of twelve at the time of the first three charged criminal acts and over twelve when her father sodomized her the final time.
Count five of Compton's indictment was for the alleged first-degree rape of Bethany, a minor who was Compton's distant relative. Bethany testified that the rape occurred when she was in sixth grade.
Ariana testified that her mother would wake her and place her in the bed with Compton before leaving for work in the mornings. Ariana said this is where the sexual acts occurred. Ariana stated that initially Compton would ask her to rub his chest, and then his stomach. Compton would continue to tell her to go lower until she was touching his penis. This led to Compton forcing his daughter to perform oral sex on him. Ariana also testified that Compton would rub his penis on her vagina. Compton had told her that he could not put his penis in her vagina in case her mother took her to be examined. These acts became a daily routine.
Ariana testified she was scared to tell her mother. She stated several reasons for this fear. The first, she said, was because Compton had taken her to a lake in the park and told her he could tie a rope around her legs with rocks on it and she would sink. Compton made the threat only once, but took her to the park several times. Second, Ariana said that when she told Compton she was going to tell her mother, he replied, "I'll fucking kill you." Compton's employment at the coroner's office also scared Ariana, as she thought he knew how to get rid of bodies.
Ariana testified she was around thirteen or fourteen years old the last time a sexual act occurred between her and Compton. This final act of abuse happened at Compton's residence following her parents' divorce. On this occasion, Compton engaged in much the same activity as Ariana testified had happened previously on a daily basis. Specifically, Compton asked Ariana to rub his chest and stomach before asking her to move her hand down lower. Compton rubbed his penis against her vagina, then forced Ariana to perform oral sex on him. She stated that this time he orally manipulated her nipples, then went to the bathroom to ejaculate. She testified that she told Compton she knew these acts were wrong.
Ariana was around fourteen or fifteen years old when she told her mother of the sexual abuse Compton had perpetrated against her for almost a decade. Ariana stated that she had been at Compton's house when she and Compton got into a physical altercation. During the altercation, Ariana told Compton that she was going to tell her mother he raped her if he did not get off her. After the altercation, Ariana spent the weekend at her friend's house. Ariana informed her mother that Compton had raped her when her mother picked her up from the friend's house. Her mother contacted the police.
After Ariana reported Compton's abuse to her mother and authorities, Compton's other victim, Bethany, also reported being previously raped by Compton. Bethany stated that she met Compton when she dated his son. She testified that she lived with Compton and his family for a period of time. Eventually, Bethany found out that she was related to Compton. She testified that she was in the sixth grade when Compton subjected her to the initial sexual act.
On the day of the charged act, Bethany was at Compton's residence along with Compton, Ariana, and Ariana's brother (Bethany's boyfriend). Compton took Bethany upstairs to the bathroom, telling Ariana and Ariana's brother, who were sitting in the living room, that he was taking Bethany upstairs to discuss her dad. Once in the bathroom, Compton took Bethany's jeans and underwear off, and then removed his pants. Bethany testified that Compton put her legs up on his shoulders and had sexual intercourse with her. She testified that Compton told her not to tell anyone and reminded her that he worked at the coroner's office. She said that she was afraid of Compton.
Bethany testified that Compton had sexual intercourse with her multiple times. She said that each time, she feared Compton due to his place of employment and the fact that he owned firearms. Further, like Ariana, Bethany stated Compton had shown her a lake in the park and she feared he would get revenge if she told anyone he raped her.
Compton preserved this issue by objecting at trial. He argues that the jury instructions pertaining to count one, incest (victim under 12 years of age) and count two, first-degree sodomy (victim under 12 years of age) lacked specificity, denying him of his right to a unanimous verdict pursuant to Section 7 of the Kentucky Constitution. The Commonwealth concedes that under current case law, these instructions violate the requirement of a unanimous verdict.
During a bench conference, Compton specifically objected to the trial court giving jury instructions five and six. Those instructions related to counts one and two—incest and sodomy—both with Ariana when she was under 12 years of age. Compton complained the instructions failed to specify the particular acts on which they were based out of the plethora of sexual abuse allegations presented at trial.
Following Compton's argument that the instructions violated his right to a unanimous verdict, an Assistant Commonwealth's Attorney first offered to add detail to the instructions. However, in the same bench conference, the Commonwealth responded to the requested changes, stating that the requested level of detail was unnecessary. Compton's counsel rebutted the Commonwealth's contention and cited relevant case law, Martin v. Commonwealth, 456 S.W.3d 1 (Ky. 2015), arguing that "under that instruction we cannot ensure that the jury is reaching a unanimous verdict on the particular incident that they are finding him guilty of."
After this argument, the judge asked the Commonwealth if the jury instructions contained the date and place of the alleged crimes. Throughout the bench conference, Compton's counsel reiterated that the instructions on appeal before this Court violated Compton's right to a unanimous verdict. Specifically, defense counsel argued:
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