Spoon v. State
| Decision Date | 28 May 2013 |
| Docket Number | No. 55A04–1205–CR–253.,55A04–1205–CR–253. |
| Citation | 989 N.E.2d 380 |
| Parties | Richard B.E. SPOON, Appellant–Defendant, v. STATE Of Indiana, Appellee–Plaintiff. |
| Court | Indiana Appellate Court |
OPINION TEXT STARTS HERE
Appeal From The Morgan Superior Court; The Honorable Jane Spencer Craney, Judge; Cause No. 55D03–1109–FB–1179.
Ryan P. Dillon, Franklin, IN, Attorney for Appellant.
Gregory F. Zoeller, Attorney General of Indiana, Brian Reitz, Deputy Attorney General, Indianapolis, IN, Attorneys for Appellee.
Richard B.E. Spoon (“Spoon”) appeals, following a bench trial, his conviction and sentence for Class B felony child molesting.1
We affirm.
1. Whether the trial court abused its discretion by admitting into evidence Spoon's two videotaped interviews with police.
2. Whether sufficient evidence supports Spoon's conviction.
3. Whether Spoon's advisory sentence is inappropriate pursuant to Indiana Appellate Rule 7(B).
In August 2011, nineteen-year-old Spoon was dating M.H., who had three children: daughters, M.T. and J.H.; and son, E.H (collectively, “the Children”). On or about August 14 or 15, 2011, Spoon went to M.H.'s house to spend the night after he got off work. When he arrived around 1:00 a.m., M.H. was asleep in her bedroom, and the Children were asleep in another bedroom (“the girls' bedroom”). Spoon asked M.H. to go buy alcohol for him, but she refused. Spoon then asked a neighbor, Caleb Favor (“Favor”), to go to the liquor store. Spoon and Favor went back to M.H.'s house and drank some Captain Morgan rum.
Later, Spoon went up to the girls' bedroom-where twelve-year-old M.T. and eight-year-old J.H. were sleeping in one twin bed while five-year-old E.H. was sleeping in another—and he started to watch television. M.T. then awoke to Spoon rubbing her arm. M.T. turned to the side, scooted closer to J.H, and pretended to be asleep. Spoon got into bed next to M.T. and began rubbing her leg. Spoon then pulled down M.T.'s underwear and inserted his finger into her vagina. Spoon then “squeezed” M.T.'s breasts, both over and under the bra she was wearing. (Tr. 53).2 Spoon next “tried to put his penis in [M.T.' s] butt[,]” but he was unable to do so. ( Tr. 53). Spoon then grabbed M.T.'s hand, put it on his penis—which felt “squishy”—and said “come on, babe.” ( Tr. 55). Spoon then fell off the bed and went to the other bed where E.H. was sleeping. E.H. woke up and went to sleep in M.H.'s bed.
The next morning, M.H. awoke to find E.H. in her bed and Spoon in the girls' bedroom. When M.H. asked Spoon about the unusual sleeping arrangements, Spoon told her that he had watched a television in the girls' room. He also indicated that the girls would be angry with him because he had tried twice to climb into bed with them.
A few days later, around August 20, 2011, M.T. told her grandmother what Spoon had done to her. M.T.'s grandmother then called M.H. to inform her. M.H. called Spoon to “cuss him out” and ask him what had happened. (Tr. 19). Spoon “just sat there” and “didn't say anything.” (Tr. 19). M.H. then called the police. M .T. was taken to Susie's Place for a forensic interview, during which she indicated that Spoon had molested her.
On August 24, Mooresville Police Detective Brad Yarnell (“Detective Yarnell”) located Spoon at his grandmother's, Mildred Spoon (“Grandmother Spoon”), house and transported Spoon to the police department to discuss M.T.'s allegations. At the police station, Detective Yarnell videotaped his interview with Spoon (“Interview # 1”), which began around 11:00 a.m. Detective Yarnell informed Spoon of his Miranda rights, and Spoon signed a waiver of those rights. Detective Yarnell told Spoon that he needed to question him about an inappropriate touching that M.T. alleged happened on August 15, which would have been a Monday. During Interview # 1, Spoon stated that he had been drinking alcohol and he did not remember what had happened. Interview # 1 ended around 11:35 a.m., and Spoon left the police station.
A few hours later—after Detective Yarnell obtained a search warrant to obtain a sample of Spoon's DNA—Spoon returned to the police department (“Interview # 2”). Interview # 2 was also videotaped. Detective Yarnell asked Morgan County Sheriff Detective Brent Worth (“Detective Worth”), who was also an evidence technician, to collect Spoon's DNA via a buccal swab. Spoon arrived for Interview # 2 at 2:45 p.m., which started about three hours after Interview # 1 ended. Detective Worth explained the search warrant to Spoon, confirmed he had been advised of his Miranda rights, and asked if he understood those rights. Spoon stated that he understood his rights. Detective Worth talked to Spoon about the allegations against him from August 15, and Spoon repeatedly claimed he could not remember that night. Spoon indicated that he needed to go to work, and Detective Worth took Spoon's DNA sample.3 Thereafter, Detective Yarnell came into the interview room to “jog” Spoon's memory about which day the occurrence happened and told Spoon that it was the night that he drank rum with Favor and when M.H. found him sleeping in the girls' bedroom. (State's Exhibit 3). Detective Yarnell told Spoon that he knew that he had to leave but that he hoped Spoon would try to help himself. Spoon then stated that he remembered falling off the bed and waking up in the other bed. Spoon acknowledged that he knew he did something wrong and then stopped. He stated that “it's like a fucked up movie that keeps skipping.” (Exhibit 3). When the detectives asked if Spoon remembered touching M.T., Spoon admitted that he “remember[ed] touching her boobs” but claimed that he did not remember anything else. (Exhibit 3). At the conclusion of Interview # 2, which lasted less than forty-five minutes, Spoon left the police station and went to work.
On September 7, 2011, the State charged Spoon with Class B felony child molesting (based on deviate sexual conduct) and Class C felony child molesting (based on fondling) and alleged that the crimes occurred “on or about August 16, 2011[.]” (App.127). Thereafter, Spoon filed a notice of alibi defense, claiming that he “was residing and was physically at” Grandmother Spoon's house “on August 16, 2011, the date that this offense is alleged to have occurred.” (App.103). The State then amended the charging information to allege that Spoon had committed the offenses “on or about August 14 and 15, 2011 [.]” (App.102). Subsequently, Spoon filed a second notice of alibi defense, claiming that he “was residing and was physically at” Grandmother Spoon's house “on August 14–15, 2011, the evening and morning that this offense is alleged to have occurred.” (App.98).
Spoon then filed a motion to suppress Interview # 1 and Interview # 2, claiming that his statements made in the interviews were in violation of his Miranda rights and that his statements were not voluntary because they were obtained as a result of a promise of leniency and overbearing police tactics. Following a hearing, the trial court denied Spoon's motion to suppress.
The trial court held a bench trial on March 28, 2012. During opening statements, Spoon's counsel argued that the State would not present sufficient evidence because M.T. had stated during her deposition—and was expected to testify during the bench trial—that she did not remember all the events surrounding the alleged crimes until she had reviewed a document to refresh her memory.
During the bench trial, M.H. and M.T. testified that Spoon was at their house on August 14 or 15. Thirteen-year-old M.T. testified that Spoon had inserted his finger in her vagina, fondled her breasts, attempted to insert his penis into her buttocks, and forced her to put her hand on his penis. While testifying on direct examination, M.T. testified she had some difficulty remembering the order that Spoon did these events. Spoon's attorney cross-examined M.T. about how she had used a transcript from her interview at Susie's Place to refresh her memory prior to her deposition, which was apparently taken the Friday before trial. M.T. indicated that she “had forgotten” and that after she “read the paper[,] it all came back to [her].” (Tr. 61). On redirect, the State had M.T. clarify that she merely had difficulty remembering the order of what Spoon had done to her but that she remembered the actual things that he had done to her. Spoon did not object to M.T.'s testimony or move to strike any portion of it.
When the State moved to admit Spoon's two videotaped police interviews—State's Exhibit 1 (Interview # 1) and State's Exhibit 3 (Interview # 2)—Spoon objected and argued that they were inadmissible because: (1) the statements were obtained unlawfully during a custodial interrogation and in violation of his Miranda rights; (2) the statements were involuntarily obtained via overbearing police tactics and promises of leniency; and (3) the interviews were more prejudicial than probative because they bolstered the victim's testimony and contained hearsay statements of the victim. The trial court overruled Spoon's objections and admitted both interviews into evidence.
During Spoon's case-in-chief, the trial court took judicial notice, upon Spoon's request, that August 14 and 15, 2011 were a Sunday and Monday. Spoon attempted to support his alibi defense by calling his grandmother as a witness and by testifying himself. Grandmother Spoon testified that Spoon was staying at her house in August 2011 and that she knew he was at her house on August 13, 2011. However, she could not recall if he was at her house on August 14 or 15. Grandmother Spoon also testified that she knew that Spoon stayed the night at other people's houses, including staying at M.H.'s house.
Spoon testified that he did not go to M.H.'s house on August 14 and 15, 2011. Spoon testified that he went to work on August 14 and 15 and then went back to Grandmother Spoon's house because he was sick. On...
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