Hayden v. State
| Citation | 830 N.E.2d 923 |
| Decision Date | 07 July 2005 |
| Docket Number | No. 09A05-0406-CR-301.,09A05-0406-CR-301. |
| Parties | Douglas Lance HAYDEN, Appellant-Defendant, v. STATE of Indiana, Appellee-Plaintiff. |
| Court | Indiana Supreme Court |
Teresa D. Harper, Bloomington, for Appellant.
Steve Carter, Attorney General of Indiana, Monika Prekopa Talbot, Deputy Attorney General, Indianapolis, for Appellee.
Appellant-Defendant, Douglas L. Hayden (Hayden), appeals his convictions for three counts of sexual misconduct with a minor as Class B felonies, Ind.Code § 35-42-4-9, and two counts of sexual misconduct with a minor as Class C felonies, I.C. § 35-42-4-9.
We affirm.
Hayden raises three issues on appeal, which we restate as follows:
1. Whether the trial court erred when it permitted the Superintendent of the Logansport Juvenile Facility to remain at the State's counsel table after Hayden moved for a separation of witnesses order;
2. Whether the trial court properly sentenced Hayden; and
3. Whether the State improperly withheld evidence from Hayden in violation of Brady v. Maryland.
Hayden was employed as a Locations Count Officer (LCO) at the Logansport Juvenile Diagnostic Facility (the Logansport Facility) from January 1993 to February 2001. J.V., who was born on August 19, 1984, was an inmate at the Logansport Facility in April and May of 2000. Sometime between April 5 and April 24, 2000, while J.V. was in his unit, Hayden asked him if he wanted to clean the shower room. J.V. agreed, and asked Hayden if another boy could help him. Hayden said no. After cleaning the shower room, J.V. went into a bathroom stall and began cleaning a toilet near the shower room. As J.V. was cleaning the toilet, Hayden entered the stall and ordered J.V. to stand next to the wall in "search position." (Transcript p. 240). Search position means "[y]ou put your hands on the wall ... and spread your feet apart." (Tr. p. 240). J.V. got in the search position and Hayden came up behind him and asked if he could "jack off" in front of J.V. (Tr. p. 241). Hayden exposed his penis and rubbed it against J.V.'s backside. Hayden then turned J.V. around to face him and put J.V.'s hand on his erect penis. Hayden made J.V. rub his penis. Hayden then pulled down J.V.'s pants and inserted his finger inside J.V.'s anus. J.V. yelled in pain, and Hayden quickly pulled up J.V.'s pants and told him to continue cleaning the toilets.
Thereafter, on either May 4 or May 5, 2000, Hayden went inside J.V.'s room and told him to assume the search position. While searching J.V., Hayden grabbed J.V.'s penis twice.
Sometime between June 5 and June 8, 2000, Hayden signed out A.M., who was born on October 28, 1985, for cleaning duty. After Hayden and A.M. finished cleaning, Hayden took A.M. inside the cleaning supply closet and performed oral sex on A.M. A few days after this incident, while Hayden and A.M. were cleaning the kitchen, Hayden pulled down A.M.'s pants and performed oral sex on him. Thereafter, during an interview with A.M., Hayden asked A.M. if he wanted to touch his penis. A.M. then touched Hayden's erect penis.
A few days after the sexual encounters with Hayden, A.M. was transferred to the Plainfield Juvenile Correctional Facility. While at the Plainfield Facility, A.M. wrote a letter to Hayden stating that he was (State's Exhibit no. 22). Based on this letter, Logansport Facility officials conducted an investigation and relieved Hayden of his duties.
On March 30, 2001, the State filed an information charging Hayden with Count I, sexual misconduct with a minor as a Class B felony, I.C. § 35-42-4-9; Count II, sexual misconduct with a minor as a Class B felony, I.C. § 35-42-4-9; Count III, sexual misconduct with a minor as a Class C felony, I.C. § 35-42-4-9; Count IV, sexual misconduct with a minor as a Class D felony, I.C. § 35-42-4-9; Count V, sexual misconduct with a minor as a Class D felony, I.C. § 35-42-4-9; Count VI, sexual misconduct with a minor as a Class B felony, I.C. § 35-42-4-9; and Count VII, sexual misconduct with a minor as a Class C Felony, I.C. § 35-42-4-9.1
On June 17, 2003, a jury trial was held. At the close of the evidence, the jury found Hayden guilty of Counts I, II, III, VI, and VII. On August 27, 2003, the trial court held a sentencing hearing. Following the hearing, the trial court sentenced Hayden to ten years on Count I, ten years on Count II, four years on Count III, ten years on Count VI, and four years on Count VII. The trial court ordered the sentences to be served consecutively and suspended ten years of Hayden's thirty-eight year aggregate sentence.
Thereafter, on October 10, 2003, the trial court amended its sentencing order by clarifying that the original ten-year suspension should have been attached to Counts VI and VII, rather than taken against the aggregate thirty-eight year sentence. Specifically, the trial court ordered that of the ten years suspended, six years attached to Count VI and four years attached to Count VII. Following the trial court's amendment, Hayden's sentence remained twenty-eight years executed with ten years suspended to probation.
On September 29, 2003, Hayden filed a motion to correct error alleging that the State failed to produce certain evidence in violation of Brady v. Maryland. The trial court denied Hayden's motion on February 7, 2004.
Hayden now appeals. Additional facts will be provided as necessary.
Hayden contends that the trial court violated its separation of witnesses order. Specifically, Hayden asserts that it was error for the trial court to allow Kellie Whitcomb (Whitcomb), Superintendent of the Logansport Facility, to sit at the State's counsel table before and after she testified.
Indiana Evidence Rule 615 requires a trial court to grant the request of a party for a witness separation order except for certain witnesses identified by the rule as not being subject to exclusion. Julian v. State, 811 N.E.2d 392, 400 (Ind.Ct.App.2004) (), trans. denied."This rule does not authorize the exclusion of (1) a party who is a natural person, or (2) an officer or employee of a party that is not a natural person designated as its representative by its attorney, or (3) a person whose presence is shown by a party to be essential to the presentation of the party's cause." Ind.Evidence Rule 615.
In the instant case, subsequent to the trial court's separation of witnesses order and Hayden's Motion for Clarification as to the separation of witnesses order, the trial court ruled:
Hayden now argues that Whitcomb is not "an officer or employee of a party that is not a natural person designated as its representative by its attorney." Evid.R. 615. In support of his position, Hayden maintains that Indiana only recognizes police officers or detectives as individuals who are exempt under Indiana Evidence Rule 615, subparagraph 2. See Stafford v. State, 736 N.E.2d 326, 330 (Ind.Ct.App.2000), reh'g denied, trans. denied; Heeter v. State, 661 N.E.2d 612, 615 (Ind.Ct.App.1996); Fourthman, 658 N.E.2d at 91. Although Hayden is correct that police officers and detectives have been found exempt from witness separation orders under subparagraph 2, there is nothing in the above cited cases that prevents other officers or employees working for the State of Indiana from being designated as the State's representative. Here, Whitcomb, working as Superintendent of a facility within the Department of Correction, is an employee of the State of Indiana. Therefore, we find no error in the trial court's decision to allow Whitcomb to be seated at the counsel table with the State.
Next, Hayden contends that the trial court abused its discretion when it imposed consecutive sentences. Specifically, Hayden asserts that that the trial court failed to give proper weight to his mitigating factors. Additionally, Hayden argues that his sentence is inappropriate in light of the nature of the offense and the character of the offender.
Sentencing decisions are within the trial court's discretion and will be reversed only for an abuse of discretion. Powell v. State, 751 N.E.2d 311, 314 (Ind.Ct.App.2001). In Rodriguez v. State, 785 N.E.2d 1169, 1179 (Ind.Ct.App.2003), trans. denied, we held that when considering the appropriateness of the sentence for the crime committed, courts should initially focus upon the presumptive penalties. Trial courts may then consider deviation from this presumptive sentence based upon a balancing of factors, which must be considered pursuant to Indiana Code section 35-38-1-7.1(a), together with any discretionary aggravating and mitigating factors found to exist. Rodriguez, 785 N.E.2d at 1179. In order for a trial court to impose enhanced or consecutive sentences, it must (1) identify the significant aggravating factors and mitigating factors; (2) relate the specific facts and reasons that the court found to those aggravators and mitigators; and (3) demonstrate that the court has balanced the aggravators with the mitigators. Bostick v. State, 804 N.E.2d 218, 224-25 (Ind.Ct.App.2004). In addition to reviewing the traditional balancing of aggravating and mitigating factors, we have the constitutional authority, under Article...
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