Little v. State

• Decision Date: 14 February 2008
• Docket Number: No. 07-06-0423-CR.,No. 07-06-0422-CR.,07-06-0422-CR.,07-06-0423-CR.
• Citation: 246 S.W.3d 391
• Parties: Linda LITTLE and Walter Little, Appellants v. The STATE of Texas, Appellee.
• Court: Texas Court of Appeals

246 S.W.3d 391

Linda LITTLE and Walter Little, Appellants v. The STATE of Texas, Appellee.

No. 07-06-0422-CR.

No. 07-06-0423-CR.

Court of Appeals of Texas, Amarillo.

February 14, 2008.

Paul Herrmann, Herrmann & Weaver Law Firm, Amarillo, TX, for Appellant.

C. Scott Brumley, Potter County Atty., Amarillo, TX, for State.

Before QUINN, C.J., and HANCOCK and PIRTLE, JJ.

OPINION

PATRICK A. PIRTLE, Justice.

Following a consolidated bench trial, Appellants, Linda Little and Walter Little, were convicted of enticing a child, a Class B misdemeanor, and sentenced to 90 days confinement, suspended in favor of one year community supervision.¹ Appellants contend the trial court erred in its determinations that; (1) the evidence in support of their convictions was legally sufficient; (2) the evidence in support of their convictions was factually sufficient; and (3) the testimony of their character witness, Nicole Gonzales, was properly excluded at trial. We affirm.

Background

In the Fall of 2005, Abigail Medina was sixteen years old and living with her mother, Matilde Medina. Abigail began dating Steven Little, whose parents are the Appellants herein.² Although Matilde initially approved of their dating relationship, she began to have doubts when Appellants invited Abigail to their house to watch prophetic videos and receive religious instruction; informed her the dating relationship would be no contact — no handholding or kissing; requested that Matilde give them a set schedule of when Abigail would be in their home; and offered to pay one-half of the expense of an internet subscription for the Medinas. When Walter offered to pay one-half of their internet subscription, Matilde informed him that her computer was not working. Afterwards, she arrived at home to find him repairing her computer and learned that, at least for a portion of the time he was there, he had been alone with her two daughters. Matilde refused to give Appellants a fixed schedule and turned down Walter's internet offer.

While Steven and Abigail were dating, Matilde allowed Abigail to attend Steven's Seventh Day Adventist Church on Saturdays and her regular church, a small Spanish Assembly of God Church, on Sundays. Abigail enjoyed going to Appellants' house because they did a lot of fun things such as watching movies and playing games. There were problems at her home,³ and she preferred spending time with Appellants.

After associating with Appellants, however, Abigail's attitude and behavior toward her family changed. She would not eat with her family on Sabbath Days, Friday and Saturday nights, complaining the food was bought from a store or restaurant. She also quit speaking with her mother's live-in fiancé, Carlos Olivas, because she now believed he was a sinner and could not be trusted. She also would not speak to her mother or allow her to hug her or let her close. Abigail stated that Appellants' religion was now her religion, and Walter was her "daddy." When confronted about not following her mother's wishes, Abigail told Matilde that she was no longer under her authority.

On December 12, Matilde gave Abigail permission to have dinner at Appellants' house. Matilde became worried when Abigail was hours late returning and called Appellants. Linda told Matilde that her husband had left an hour earlier to bring Abigail home. In fact, he and Abigail were sitting alone in his parked car down the block from the Medina's house for more than forty-five minutes. Her daughter indicated Walter had been giving her advice about Steven.

On December 16, Matilde allowed Abigail to visit Appellants and see Steven off at the airport. After Steven left, Appellants asked Matilde if Abigail could spend the night. Matilde declined the invitation. On December 20, Matilde permitted Abigail to have dinner with Appellants at their home. When she called home from work at 8:00 p.m., her younger daughter told her Abigail was not at home and that Abigail had spoken with Walter on the phone two days earlier for five hours. Matilde immediately called Walter and told him enough was enough. Matilde told him to bring her daughter home and never to speak with her again. When Matilde returned home two hours later, Abigail had not returned. When Matilde called Appellants on their home and cell phones, there was no response. Matilde sent Carlos to Appellants' house to pick up Abigail. When he arrived, Walter told Carlos that his wife had left with Abigail to take her home. At that point, Matilde informed Abigail that she could not see Steven or Appellants anymore. Unbeknownst to Matilde during this period, Appellants were talking to Abigail about moving in with them.

Following this confrontation, Abigail began receiving letters and gifts from Appellants at her home. Matilde also received a three page, single-spaced typewritten letter from Walter generally denigrating Matilde and stating "[t]he only reason you don't have a major rebellion on your hands already with Abby is because of my teaching her on submission to Godly authority." Walter's letter made no mention of Appellants' desire that Abigail come live with them.

Abigail also began sneaking out of her house to attend church with Appellants. When Matilde confronted Abigail, Abigail indicated Matilde was no longer her authority; Walter was her father, and she wanted to live with Appellants. Matilde again asked Abigail to sever her relationship with Appellants and Steven.

During this same period, Abigail began telling Matilde that their house was filled with sin. Walter had instructed Abigail to be spiritually prepared for all the demons living in their house because Matilde and Carlos were living out of wedlock. Abigail told Matilde she didn't belong in her home any longer because she had to fight demons every day and she belonged with her daddy, Walter. Abigail cried daily and spent a lot of time in her closet during the daytime. At times, Matilde found Abigail in her closet with her Bible where she twice slept overnight. Abigail also believed certain objects including her teddy bears were possessed by demons. The only place Abigail could find comfort was in her closet with her Bible. She told Matilde that her home was Walter's home, and she wanted to live there.

Before Christmas, Walter prepared a form for Matilde's signature giving Abigail permission to live with Appellants. The document was drafted by Walter and delivered by Steven to Abigail at school. Appellants told Abigail to show the document to her mother and see if she would sign it.⁴ After Christmas, Walter purchased a cassette tape recorder for Abigail. He would tape messages on a cassette tape and have the tape delivered to Abigail through Steven at school. Abigail would listen to the message, tape her response on the same cassette, and swap the tape back and forth.

On December 31 and January 16, Matilde discovered her daughter speaking with Walter on their phone. After each incident, Matilde called the police and the police then spoke with Walter. On January 20, Sergeant Brush of the Amarillo Police Department came to her home and received permission to have Abigail tested to see whether she had been sexually assaulted. The test was negative.

On January 21, Abigail attended the ROTC Ball at her high school. Matilde later learned that Appellants sat with Abigail during the dinner. Matilde reported the incident to the police and enlisted the assistance of a ROTC official, a math teacher, Abigail's high school principal, the school's liaison officer, and school counselors to protect her child from Appellants.

A letter dated January 30 from Linda to Abigail stated:

You have become a part of this family. . . . I have long prayed for a daughter that would hunger and thirst for God. In you, those prayers have been answered. . . . I also wait for the day you come home to us. . . . We look forward to sharing simple things in life with you . . . cooking, playing games (Boogle anyone?), watching movies, going to a park on a picnic, walking in the park, playing some basketball, and most importantly sharing truth that God wants you to know and have in your treasury. . . . Soon Abby you will be with us. I see it in my minds eye.

Abigail began begging her mother to allow her to leave and live with Appellants. She told Matilde that God wanted her to live with Appellants; Appellants were her family; Matilde was not her authority — not her mother; and God would make it happen. She further indicated that Walter was her real father and her family was not her God-given family, Appellants were.

Matilde hired sitters to stay with her daughter while she was at work to keep her daughter away from the telephone and assure Appellants did not contact her. On February 2, a sitter observed Appellants approaching Abigail at a choir concert and giving her hugs. When Matilde confronted her daughter, Abigail told her that God had told Walter she belonged to him. Abigail also told her mother that Walter had said: "He is my father and in two weeks you're going to take me to — and give me away to him. God has spoken. It will happen, so I'm not worried about it anymore."

On February 18, nearly two weeks later, Abigail decided to run away from home. She called Walter, told him her plans, and asked if he would pick her up the next morning at 2:00 a.m. Walter agreed and told her to call him when she was ready. The following morning at 2:00 a.m., Appellants were waiting for Abigail in their car across the street from the Medina house. Abigail left a note for her mother to find. Over the next nineteen hour period that Abigail was with Appellants, they went to breakfast, lunch, a movie, and to a church.⁵ They did not go to Appellants' home because they were afraid they would be discovered there. During the course of the day, Abigail changed her mind about running away, and told Appellants she wanted to return home. In the evening, Abigail testified they went to a church to "talk...