Newsom v. Newsom

Decision Date14 February 1990
Docket NumberNos. 07-CA-58966,07-CA-59632,s. 07-CA-58966
PartiesLeslie Karen NEWSOM v. Henry Eugene NEWSOM.
CourtMississippi Supreme Court

Martin T. Smith, David R. Smith, Smith Smith Tate & Cruthird, Poplarville, Grady F. Tollison, Jr., Tollison & Alexander, S. Allan Alexander, Patterson Tollison & Alexander, Oxford, for appellant.

James R. Hayden, Hattiesburg, for appellee.

Robert R. Marshall, Erik M. Lowrey, Hattiesburg, for amicus curiae.

Before DAN M. LEE, P.J., and PITTMAN and BLASS, JJ.

BLASS, Justice, for the court:

Leslie Karen Newsom (Karen) and Henry Eugene Newsom (Eugene) were divorced on April 16, 1986. Karen was awarded custody of Kathryn, then two years and four months old, and Adam, then eight months old, subject to visitation by Eugene. On July 10, 1986, Karen filed a Petition to Modify the visitation, charging Eugene with physical abuse of the children. Erik Lowery was appointed guardian ad litem on May 18, 1987. There was an extended trial. The Chancellor found from the evidence that Eugene was not guilty of abuse, but Karen was and on August 3, 1987, awarded custody to Eugene. Karen appeals this order. She charges that the Chancellor was manifestly in error in both findings and that there was no evidence to support the Order changing custody.

Karen refused to obey the Order of August 3, 1987, and refused to deliver the children to Eugene and hid them instead. She was found in contempt and ordered jailed on August 21, 1987, after refusing to reveal the location of the children. It was not until after her original attorney, Garnett Harrison, withdrew, that Karen surrendered the children to the Court. Subsequently, by order of October 14, 1987, Karen's right to visit the children was severely restricted. On January 12, 1988, the court ruled on post trial motions. Karen appeals this ruling assigning three errors: (1) that the Chancellor erred in restricting Karen's visitation by his October 14, 1987 Order; (2) that he abused his discretion in considering the testimony of John Ireland; and (3) that the Chancellor erred in his holding of January 12, 1988, making permanent the restricted visitation.

I.

This record reveals the tragic failure of a marriage made more painful by public exposure. The children of this marriage have been used as a weapon of revenge; victimized by vicious and reputation destroying accusations; and subjected to repeated physical and psychological examinations over a period of many months, intimate details of which were revealed to the press. In addition, Karen Newsom openly defied the authority of the law of the state in refusing to surrender the children in accordance with the order of the court.

These parents were divorced in April, 1986. In May, 1986, while Eugene and Karen were engaged in a sexual act Katie walked in and watched. Karen discussed the act with Katie in graphic detail, in terms the child understood, explaining that it was a manifestation of the couple's love for each other. Karen began making allegations of sexual abuse of Katie by Eugene the next month, in June, 1986. In July, Karen denied Eugene visitation. Karen took the child to a counseling psychologist, Catherine Meeks, Ph.D., on July 7 and again on July 14, 1986. At these meetings Katie was introduced to anatomically correct dolls by Dr. Meeks. She denied any physical abuse by her father. On July 18, 1986, Katie was examined by Dr. Woody Hiatt, of Jackson, MS., who found no medical evidence of sexual abuse, nor did he elicit from Katie any clear suggestion of sexual abuse.

After a week long visit with Eugene in July, Katie was again examined by Dr. Hiatt who again failed to find any evidence of sexual abuse. Both children visited Eugene for a week in August, and continued regular bi-weekly visits until November.

Throughout this time, Katie's visits to Dr. Meeks continued. At these sessions Dr. Meeks broached the subject of inappropriate touching. Katie was initially unresponsive and in December still denied any inappropriate touching.

On October 14, 1986, Karen and Eugene were again sexually intimate. Karen offered to drop the lawsuit and allegations of sexual abuse if he would agree to a reconciliation. Eugene refused, feeling that the damage to his reputation required a public vindication. After the two children returned from a week long visit with Eugene the following month, Karen had Katie examined by a pediatrician, Dr. McCrary. In relating a history, Karen indicated that Katie had vividly described a sexual encounter with the father. Although Dr. McCrary found no signs of molestation, he filled out a Welfare Department Form 440 1 based on the explicit history.

Eugene's last unsupervised visit with his children occurred during the last weekend of January, 1987. The children were again examined by Dr. McCrary on February 2, 1987. Katie was found to have swollen genitalia; Adam revealed no abnormalities indicative of abuse. After this medical examination, Katie was interviewed by Dr. Meeks and continued to deny any sexual encounter with Eugene.

Katie was brought to Dr. Meeks on two separate occasions in February, 1987, during which she was questioned extensively and explicitly regarding inappropriate touching. During one meeting she said her father had hurt her on her bottom. Near the end of February, Katie reportedly made sexually explicit statements to her baby-sitter. Katie visited with Dr. Meeks five times in March and April. Each meeting lasted one hour. Dr. Meeks testified that these sessions were diagnostic, not therapeutic.

In March, Katie was again examined by Dr. McCrary and diagnosed with encopresis (chronic constipation). In April, 1987, Dr. McCrary performed a culture test for Chlamydia and Gonorrhea on Katie, which was negative.

On June 22, 1987, both children visited Eugene at his parents' home. Eugene was never alone with the children. Immediately following this visit, Karen had Katie and Adam examined by McCrary. She reported that the visitation was unsupervised. Katie had a rash on her hands and legs. Adam was emotionally upset. On cross-examination, Dr. McCrary stated that there was no physical evidence to support an allegation of abuse.

Both children were examined again on July 22, 1987, by Dr. McCrary, who found no indicia of abuse.

II.

WAS THE CHANCELLOR MANIFESTLY IN ERROR IN FINDING THAT EUGENE HAD NOT MOLESTED THE CHILDREN?

Appellant contends that the findings of fact made by the chancellor are manifestly wrong and against the overwhelming weight of the credible evidence. She contends that the testimony of Drs. Meeks, McCrary, and Hiatt which was that there was a substantial likelihood that acts of sexual abuse had been committed by Eugene, was uncontradicted and unimpeached.

Appellee contends that Katie's sexual knowledge may have been gained when she walked in on her parents engaged in sex in May 1986. He further points out that none of the physicians filed a report of abuse to either welfare or criminal authorities; nor did the doctors, with the exception of the court appointed physician, talk to Eugene.

The Guardian Ad Litem's position is that the only medical evidence of any potential abuse was the swollen clitoris of Katie, observed by Dr. McCrary on February 2, 1986. The only other evidence is double and triple hearsay attributed to Katie by her mother, baby-sitter, and counseling psychologist, Catherine Meeks.

On appeal the Supreme Court is required to respect the findings of fact made by a chancellor supported by credible evidence and not manifestly wrong. Bryant v. Cameron, 473 So.2d 174, 179 (Miss.1985). In addition, where the Chancellor made no specific finding, the Court is required by prior decisions and sound institutional considerations to proceed on the assumption that the Chancellor resolved all such fact issues in favor of appellee. Id. citing Dungan v. Dick Moore, Inc., 463 So.2d 1094, 1100 (Miss.1985); Enlargement of Boundaries of Yazoo City v. City of Yazoo City, 452 So.2d 837, 842 (Miss.1984); Harris v. Bailey Avenue Park, 202 Miss. 776, 791, 32 So.2d 689, 694 (1947).

Dr. McCrary's Findings

When the children were first brought to Dr. McCrary's office for examination on December 3, 1986, Karen related a history of possible sexual abuse. This history consisted of stories of inappropriate touching by the father; talk of erect penises and references to pelvic thrusting by Katie; and the fact that Karen found Katie putting an object in Adam's rectum. Dr. McCrary wrote, "Both exams of children show no obvious signs of sexual abuse, however the explicit history of the child definitely is indicative of sexual molestation. These children should not go to their father's house until this case is investigated and ruled on."

When the children were examined on February 2, 1987, Dr. McCrary found physical evidence consistent with some type of sexual manipulation, not self induced. When Dr. McCrary examined Adam on February 4, nothing abnormal was found despite the mother's allegations of abuse.

Dr. McCrary examined the children on June 22, 1987, after they returned from visiting Eugene. Katie had a rash, and resisted the vaginal examination. Adam displayed no physical indicia of abuse.

In Dr. McCrary's opinion, the only physical evidence of abuse was the swelling evident on February 2, 1987.

On cross-examination, Dr. McCrary stated, "In my heart, I can't say there is any physical evidence to support they were abused." On further questioning Dr. McCrary stated that the historical account given by Karen Newsom suggested abuse, that Katie never discussed any possible abuse; and the entire history was taken from Karen.

The evidence and Dr. McCrary's own testimony suggest that Dr. McCrary's opinion that Eugene Newsom had abused Katie and Adam was based solely on the history given by Karen Newsom.

Dr. Catherine Meeks

Dr. Meeks evaluated Katie from July 7, 1986, until June 22, 1987. Dr. Meeks testified to, what were in her mind,...

To continue reading

Request your trial
137 cases
  • White v. Thompson
    • United States
    • Mississippi Supreme Court
    • 17 Octubre 1990
    ...state was apparently waived. Visitation and restrictions placed upon it are within the discretion of the chancery court. Newsom v. Newsom, 557 So.2d 511, 517 (Miss.1990); Clark v. Myrick, 523 So.2d 79, 83 (Miss.1988); Cheek v. Ricker, 431 So.2d 1139, 1146 (Miss.1983). Visitation should be s......
  • Ferguson v. Ferguson, 92-CA-00058
    • United States
    • Mississippi Supreme Court
    • 7 Julio 1994
    ...required to respect the findings of fact made by a chancellor supported by credible evidence and not manifestly wrong." Newsom v. Newsom, 557 So.2d 511, 514 (Miss.1990). This is particularly true "in the areas of divorce and child support." Nichols v. Tedder, 547 So.2d 766, 781 A. Adultery ......
  • McNeil v. Hester, No. 97-CA-00048-SCT
    • United States
    • Mississippi Supreme Court
    • 10 Febrero 2000
    ...in favor of the executors. Goode v. Village of Woodgreen Homeowners Ass'n, 662 So.2d 1064, 1071 (Miss.1995) (citing Newsom v. Newsom, 557 So.2d 511, 514 (Miss.1990); PMZ Oil Co. v. Lucroy, 449 So.2d 201, 205 (Miss.1984)). Furthermore, McNeil has not alleged, before the chancery court or thi......
  • Magee v. Magee
    • United States
    • Mississippi Supreme Court
    • 28 Septiembre 1995
    ...required to respect the findings of fact made by a chancellor supported by credible evidence and not manifestly wrong." Newsom v. Newsom, 557 So.2d 511, 514 (Miss.1990). See also Dillon v. Dillon, 498 So.2d 328, 329 (Miss.1986). This is particularly true in the areas of divorce, alimony and......
  • Request a trial to view additional results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT