Portis v. State
Decision Date | 14 June 2018 |
Docket Number | NO. 2016–KA–00713–SCT,2016–KA–00713–SCT |
Citation | 245 So.3d 457 |
Court | Mississippi Supreme Court |
Parties | Rickey PORTIS a/k/a Ricky C. Portis a/ka Ricky Portis v. STATE of Mississippi |
OFFICE OF THE STATE PUBLIC DEFENDER BY: GEORGE T. HOLMES, Jackson, W. DANIEL HINCHCLIFF, for Appellee
OFFICE OF THE ATTORNEY GENERAL BY: KAYLYN HAVRILLA McCLINTON, Jackson, for Appellee
BEFORE KITCHENS, P.J., KING AND COLEMAN, JJ.
KING, JUSTICE, FOR THE COURT:
¶ 1. Rickey Portis was convicted of two counts of sexual battery based on allegations that he repeatedly abused his then eight- and nine-year-old stepdaughters, Amy and Mary Collins.1 The trial court sentenced him to two life sentences, to run consecutively. Portis appeals his convictions, arguing that the trial court erred by refusing to grant a continuance, that the trial court erred by failing to allow him to introduce a prior inconsistent statement of a prosecution witness, that the verdict is not supported by sufficient evidence, that the verdict is against the overwhelming weight of the evidence, that cumulative error requires reversal, and that Portis's sentences are disproportionate to the crime. Because the trial court did not commit reversible error, this Court affirms Portis's convictions and sentences.
FACTS
¶ 2. Amy and Mary lived with their mother, Dee Smith, their younger maternal half-brother, and their stepfather, Rickey Portis. They frequently visited the home of their father, John Collins, and stepmother, Ramona Collins. They were also close to their oldest paternal half-sister, Mandy Clark. In February 2015, one or both of the girls told Ramona that Portis had touched Amy. Ramona informed Mandy. On February 21, 2015, Mandy took Amy, Mary, and their younger half-brother to Dairy Queen. She took Amy and Mary to the restroom and asked them if anyone had been touching them. Mary encouraged Amy to tell Mandy and Amy got upset; Amy and Mary then told Mandy that Portis had been touching Amy inappropriately. Amy had been afraid to tell anyone because she was afraid she would be in trouble. Mandy reported this information to Dee when she returned the girls, and then took the girls to their father's house.
¶ 3. At trial, Mandy testified that Mary told her that Portis also touched her, but on cross-examination, she was confronted with her original statement to police, in which she stated that Mary had told her that Portis did not touch her. Mandy stated that "[i]t's not in [the statement to police], but she told me."2
¶ 4. John reported Amy's allegations to Deputy Richard Stockman of the Jones County Sheriff's Department. Deputy Stockman contacted the investigator on call, Sergeant Tonya Madison. Sergeant Madison met with Amy and Mary on February 23, 2015. Amy told Sergeant Madison that Portis had touched her inappropriately. Mary told Sergeant Madison that Portis had not touched her, but that she had witnessed Portis trying to get Amy in his bed. On March 2, 2015, Sergeant Madison took both girls for a forensic interview at Wesley House in Meridian.
¶ 5. Olga Kahle, a mental health therapist with Wesley House who has a Ph.D. in psychology and is a Diplomat Level Child Forensic Interviewer,3 interviewed Amy and Mary separately on March 2, 2015, according to the Child First Forensic Interviewing Protocol. The protocol requires the interviewer "to be non-biased, objective, and neutral" and prohibits the use of "any leading or suggestive questions." The protocol has four stages: 1) "build a rapport with the child[,]" 2) "seeking information from the child[,]" 3) "getting clarification and getting some formal questions in[,]" and 4) "closure." Both interviews were videotaped.4 In Amy's interview, she described that Portis placed his penis and fingers in her vagina, anus, and mouth on multiple occasions. She marked the areas on pictures, and she demonstrated the acts with dolls. Mary described some of the events happening to Amy and also demonstrated what occurred with dolls. Kahle concluded that the reports from the girls "are consistent with that of a child who has been sexually abused." She clarified on cross-examination that the interviews were consistent with Amy being sexually abused, and Mary witnessing that abuse. She also stated that just because a child does not disclose abuse does not mean nothing happened; sometimes it simply means that they cannot disclose the abuse for various reasons.
¶ 6. On March 3, 2015, Amy and Mary went to the Child Safe Center at University of Mississippi Medical Center (UMMC) for medical examination. One of the nurse practitioners examined them, and Dr. Scott Benton, the medical director of the Child Safe Center, reviewed the medical findings and reports and testified at Portis's trial. Dr. Benton is an expert in child abuse pediatrics, formerly known as pediatric forensic medicine. He testified that, at the time of trial, he was the only doctor in Mississippi certified in pediatric forensic medicine.
¶ 8. The clinic also tested Amy for HIV, syphilis
, gonorrhea, and chlamydia, and all of those tests were negative. Mary also tested negative for HIV, syphilis, gonorrhea, and chlamydia. Her physical exam did not reveal any genital injury, but it did reveal white vaginal discharge. The discharge was tested, and a test for trichomoniasis vaginalis was added. The trichomoniasis test was positive. Amy then returned to the Safe Center on March 12, 2015, to be tested for trichomoniasis. That test was also positive. Dr. Benton testified that trichomoniasis vaginalis is a parasite that is sexually transmitted. It is not symptomatic in most people. In his report on Mary, Dr. Benton stated that "[f]inding this infection in a child is definitive of sexual abuse by intimate contact with infected secretions." In Amy's report, Dr. Benton stated that "[f]inding this infection in a child is suggestive of sexual abuse by intimate contact with infected secretions." At trial, Dr. Benton concluded that, to a reasonable degree of medical certainty, the exam of each of the girls was consistent with having been sexually abused.
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