Schambon v. Com.

• Citation: 821 S.W.2d 804
• Decision Date: 19 December 1991
• Docket Number: Nos. 90-SC-587-M,90-SC-588-MR,s. 90-SC-587-M
• Parties: Barbara Ann SCHAMBON, Appellant, v. COMMONWEALTH of Kentucky, Appellee. Floyd SCHAMBON, Appellant, v. COMMONWEALTH of Kentucky, Appellee.
• Court: United States State Supreme Court (Kentucky)

Page 804

821 S.W.2d 804

Barbara Ann SCHAMBON, Appellant, v. COMMONWEALTH of Kentucky, Appellee.

Floyd SCHAMBON, Appellant, v. COMMONWEALTH of Kentucky, Appellee.

Nos. 90-SC-587-MR, 90-SC-588-MR.

Supreme Court of Kentucky.

Dec. 19, 1991.

Barbara M. Holthaus, Asst. Public Advocate, Dept. of Public Advocacy, Frankfort, for appellants.

Frederic J. Cowan, Atty. Gen., Michael L. Harned, Asst. Atty. Gen., Criminal Appellate Div., Frankfort, for appellee.

LAMBERT, Justice.

Appellants were convicted of eight counts of first degree sodomy, three counts of first degree criminal abuse, twenty-one counts of second degree sodomy, and twenty-eight counts of second degree cruelty to animals. Appellant Barbara Schambon was also convicted of one count of incest. Both were sentenced to a total of eighty-five years in prison and appeal as a matter of right.

In June of 1989, the Warren County Animal Shelter was informed of the presence of animals in a garage. The animals were without food or water and the garage was without any ventilation. The shelter's employees contacted the county dog warden who, accompanied by a deputy sheriff, investigated the complaint. Upon arriving at the location, they noticed a strong dog feces odor coming from the house. The warden then walked to the detached garage. Upon opening the door, he noticed chain link pens containing some seventeen to twenty-three poodles, Yorkshire terriers, and Pomeranians. The garage was not ventilated and the temperature was in excess of ninety degrees. The floor was covered with three to five inches of dog feces, no dog food was noticeable and the water dish was empty. In one of the pens, a poodle was eating the remains of a Pomeranian. The warden reported that the stench was "overpowering." The two officials removed the dogs from the garage. After loading the dogs into a truck, the warden returned to the animal shelter while the deputy remained to investigate the situation.

After loading the dogs into the warden's truck, the deputy talked to several neighbors who had gathered to observe the situation. The deputy attempted to locate the owners of the house. One of the neighbors told him that the children who lived in the house were across the street at their babysitter's home. The deputy went to the house and spoke to the sitter, but the sitter would not let him talk to the children. However, one of the children overheard the deputy's inquiries and volunteered that her mother was in the house across the street. The girl left the babysitter and went across the street and crawled in a window. A few minutes later, appellant Barbara Schambon appeared at the front door.

The deputy informed appellant that he and the warden had removed the dogs from the garage. Appellant told the deputy that if he walked around to the back, she would talk to him inside the house. When the deputy entered the house, he noticed that two walls were lined with cages containing cats. He observed that the litter boxes were overflowing with feces. He also could hear additional animals barking and crying. While in the kitchen, he saw a badly decomposed Pomeranian lying on the floor in its bodily fluids. Dirty dishes and pots and pans were scattered around the kitchen and the stove was "alive" and "growing" with fungus and moss. A Guinea pig was sitting in a cage on the kitchen counter.

Upon being questioned, appellant maintained that the dogs had been fed and watered. She stated that the animals belonged to her husband and that she had told him to take care of them. She admitted that they had not been groomed. The deputy went outside the house in an effort After the dog warden returned the dogs to the animal shelter, he obtained a search warrant for the house. Later that afternoon, the warden, the animal shelter manager, and the deputy returned to the house. When they arrived, appellant Floyd Schambon was standing in the driveway. He was arrested for cruelty to animals. Upon searching the house, the officials noted that dog feces was everywhere, including the walls and the beds.

to avoid becoming nauseated, and upon his refusal to re-enter the house, appellant slammed the door. The deputy left the premises.

While the authorities were searching the house, the four children returned from the babysitter's. The children were C.S., a son age thirteen; E.S., a daughter age ten; A.S., a daughter age eight, and R.S., a son age five. While the deputy talked to the children, appellant Barbara yelled and ordered them not to talk to anyone. She informed the deputy that he had no right to talk to her children and that she would contact her attorney and sue him.

After the animals were taken to the shelter, the staff cleaned and treated them. Most of the dogs had to be sheared because their hair was completely matted with feces. One poodle was so badly matted that it had to be sedated before it could be sheared. Most of the dogs were underweight and infested with lice and fleas. Many of the dogs had ear, eye and penis infections. Several of the dogs had parvo and distemper. One Pomeranian puppy died from parvo within an hour of arrival at the shelter and a poodle died from distemper the following week. Other dogs had mange and ringworm. A Yorkshire terrier had toenails an inch and a half long and one gave birth to puppies at the shelter. Both puppies died immediately after birth.

Due to the unsanitary conditions of appellants' house, the children were removed pursuant to an emergency custody order and placed in foster homes. The two boys were placed in the foster care of Mr. and Mrs. Bobby Bright while the two girls were placed in another foster home.

The Brights noticed that the younger boy, R.S., while in foster care, did not have good bathing habits and required assistance and training in the bathroom. They also noticed that he was terrified to go into the bathroom. When questioned about his fear, he responded that he was "afraid to go into the bathroom because you'll be there," and "you might hurt me." The Brights also noticed that R.S. had a bedwetting disorder. In an attempt to correct the disorder, the Brights would awaken the child during the night so he could use the bathroom. Upon entering the bathroom, the child would climb onto the toilet, then up to the sink where he would blankly stare at his foster parents.

The Brights also noticed that R.S. had severe apprehensions of adults. Specifically, he would not allow Mr. Bright to hold his hand while crossing the street and was extremely apprehensive near public restrooms. Upon questioning, R.S. informed the Brights of sexual improprieties involving appellants and other persons. The Brights notified the Cabinet for Human Resources (CHR) who conducted several interviews with the four children. Based on this investigation, appellants were indicted for various sexual and physical abuse crimes involving the children.

At trial, R.S., then six years old, testified that both appellants forced him to engage in deviate sexual intercourse. Specifically, he stated that Barbara placed her mouth on his "privates" "a whole lot" and that she had him place his mouth on her "privates" "more than ten times." R.S. stated that "a whole lot" constituted nine times. He also stated that Barbara forced him to engage in anal sex with her more than five times.

R.S. further testified that both appellants handled his penis and that he touched Floyd's penis. He also testified that Floyd performed oral sex on him, that he performed oral sex on Floyd, and that he placed his penis in Floyd's anus. R.S. stated that these activities occurred at night when Floyd would awaken him, take him into the bathroom, and have him climb onto the sink so that their bodies would be at the same height. At this time, they performed Additionally, R.S. testified that Floyd took him to a park to meet men and women "by a tree." At the park, appellant would tie him up with a rope and force him to perform oral sex on men and women and allow the men to perform anal sex on him. He testified that he was "afraid" of these people and that he would ask them to stop. He also testified that at times his anus bled and that sometimes the people would give his father money.

sexual activities on each other, including, but not limited to anal sex.

In addition to the above testimony, R.S. testified that appellants took pictures and made movies of him naked and, while filming him, Barbara would have him say "bad words." He also stated that Barbara spanked him with "her hand and a belt" and Floyd with a "horse whip and a little bitty whip." He also testified that after he had been placed in foster care Barbara warned him not to talk about their sexual activities and threatened to harm him if he discussed them.

The thirteen-year-old boy, C.S., was hesitant and evasive in his testimony. He admitted, however, that Floyd chased the children with a horse whip and that appellants and the children walked around the house naked. When asked directly about his sexual contact with appellants, C.S. would only give vague answers. As a result, the trial court allowed the Commonwealth to question him about a report he had written detailing his sexual contacts with appellants and question him concerning statements he made to Detective Bill Jenkins.

In this report, C.S. wrote that as a form of punishment, Floyd sometimes hit him on his penis. He further wrote that the two "usually put our penises in each other mouths, sometimes we put our penises up our butts, we suck penises, put penises up each other's butts, and we suck other people's for money." In his interview with the detective, C.S. stated that he and Floyd had engaged in oral and anal sex. He also stated that Floyd had taken him to a park to meet another guy to have sex "lots of times."

C.S.'s written report also detailed sexual activities with Barbara. In the report he wrote, "I put my penis up her private or butt, and I sometimes suck her private." C.S....