State v. Brown
| Decision Date | 21 August 2020 |
| Docket Number | No. 119,460,119,460 |
| Citation | 58 Kan.App.2d 599,473 P.3d 910 |
| Parties | STATE of Kansas, Appellee, v. Steven Lee BROWN, Appellant. |
| Court | Kansas Court of Appeals |
Michelle A. Davis, of Kansas Appellate Defender Office, for appellant.
Ellen Mitchell, county attorney, and Derek Schmidt, attorney general, for appellee.
Before Gardner, P.J., Buser, J., and Burgess, S.J.
Steven Lee Brown appeals his convictions for two counts of rape, one count of attempted rape, one count of aggravated indecent liberties with a child, and one count of intimidation of a witness. Brown raises four claims of error. First, he alleges the district court abused its discretion by admitting in evidence two incidents of domestic violence under K.S.A. 60-455. Second, Brown asserts the district court erred in consolidating for trial the information alleging sex crimes with a separate information alleging intimidation of witnesses. Third, he contends the district court erred by denying three motions for mistrial. Fourth, Brown claims the multiple trial errors, considered together, constitute cumulative error requiring reversal of the convictions.
Upon our review, we hold that individually and collectively the admission of K.S.A. 60-455 evidence and consolidation of the informations for trial substantially prejudiced Brown and denied him a fair trial. Accordingly, we reverse the convictions and remand with directions to sever the two cases and for further proceedings in separate trials.
On November 30, 2015, Brown was arrested and later charged in an amended information with three counts of rape in violation of K.S.A. 2014 Supp. 21-5503(a)(3) and (b)(2) and one count of aggravated indecent liberties with a child under the age of 14 in violation of K.S.A. 2014 Supp. 21-5506(b)(2)(A). The State alleged these offenses were perpetrated on Brown's stepdaughter, K.N., during a seven-year period. Depending on the particular offense, K.N. (whose year of birth is 1999), was 9 years to 16 years of age when she was sexually assaulted.
While Brown was incarcerated awaiting trial on the sexual assault charges, he wrote a letter to K.N.'s mother and his longtime companion, A.N. As a result, the State filed another information charging Brown with aggravated intimidation of a victim (K.N.), in violation of K.S.A. 2016 Supp. 21-5909(a)(1) and (b)(4), and one count of intimidation of a witness (A.N.), in violation of K.S.A. 2016 Supp. 21-5909(a)(1). Over Brown's objection, the two informations were consolidated for trial.
The jury trial began on January 29, 2018. K.N. testified that Brown came into her life in 2008 when she was eight years old and he began dating her mother, A.N. Later, Brown moved into the home of A.N. and K.N. At first, K.N. and Brown had a close relationship as she considered him a father figure. When K.N. was nine years old, Brown began to sexually touch her. About that time, A.N. and K.N.'s aunt, M.N. noticed that K.N.'s demeanor towards Brown changed—K.N. suddenly wanted nothing to do with Brown.
K.N. testified the sexual abuse was ongoing over the years, beginning in February 2009. The abuse happened frequently in the beginning—sometimes twice a week—but less and less over time. In the beginning, it would happen at night and always in K.N.'s bedroom.
On one occasion, K.N. explained that she awoke in her bedroom in the middle of the night as Brown put his finger inside her vagina. Brown then moved K.N.'s hand to his erect penis and made her grip it. After a while, Brown left her bedroom. K.N. recalled that after the assault her vagina burned, and the next day she noticed spots of blood on her underwear.
On another occasion, when K.N. was 10 years old, she remembered Brown picking her up, carrying her to the bed and, with the covers over them, unbuttoning her pants, rubbing her vagina, and inserting his finger inside. Immediately thereafter, K.N. went to the bathroom. According to K.N., Brown followed her into the bathroom, put his hands up her shirt, and squeezed her breasts while pretending to hug her.
On a third occasion, K.N. was lying in bed and Brown came and laid down beside her. Brown moved his hand from K.N.'s breast to undo her pants. When Brown's hand reached her pubic area, K.N. started to cry. She told Brown to stop. K.N. testified that, on this occasion, Brown did not actually penetrate her vagina. After the encounter, Brown said in a threatening way that she "better not tell [her] grandma or [her] mom about what had happened."
K.N. testified that when she was 12 years old, she was lying on a bed in the living room when Brown cuddled up next to her and attempted to unbutton her pants. K.N. testified that she "kind of freaked out and said no and [she] ran to [her] bedroom and locked the door." According to K.N, when she was 14 or 15 years old, she awoke on 10 to 15 times with Brown either in her bed or on the couch with Brown's hand under her shirt and bra as he grabbed her breasts.
The last incident occurred when K.N. was 16 years old. On that occasion, K.N. again awakened to find Brown's arms around her. According to K.N., When she tried to force Brown's hand off her, he pretended that he was asleep and said, "[A.N.], [A.N.]" Brown quickly got up and left the room.
K.N. testified that she did not tell her mother about the sexual assaults because she was However, when she was 14 years old, K.N. told some friends about the sexual assaults, including J.M. J.M. testified that K.N. told him her stepfather "fingered" her and groped her. When she was 16 years old, K.N. confided to her father that Brown molested her when she was younger but she did not want him to tell A.N. because K.N. "had it under control, [she] was safe, everything was fine."
When K.N. was 15 years old, A.N. accompanied her to counseling sessions because K.N. had thoughts of suicide. During these joint sessions, K.N. did not tell Angela O'Brien, a crisis therapist with Central Kansas Mental Health, or her mother about the sexual abuse. After K.N. reported the sexual abuse to law enforcement authorities, she also told O'Brien. O'Brien testified that K.N. said the sexual abuse lasted for a five-year period, and she appeared relieved after her disclosure. According to the therapist, K.N. felt guilty about not disclosing it earlier.
In November 2015, when K.N. was 16 years old, she was watching a television program about molestation with her grandmother, G.S. At that time, K.N. revealed that she had been molested by Brown. G.S. exclaimed, "I knew it, I knew it." G.S. told K.N. that she needed to tell her mother, but K.N. resisted because she believed it would hurt her. G.S. told A.N. the next day, and a police report was filed.
Brown testified in his own defense at trial. He stated that he was "shocked and surprised" when he first learned of K.N.'s allegations. Brown denied committing any of the sexual assaults. He claimed it was possible that he was in the same bed or on the couch with K.N., but "just as family, nothing like sexual like they were describing." Brown's trial testimony denying any wrongdoing was similar to statements he made to Detective Amanda Londono who interviewed him as part of the police investigation.
Regarding the intimidation of a witness charges, Brown testified that the letter he mailed to A.N. was never intended for K.N. Brown stated he wrote the letter because he did not have a chance to speak with A.N. about the allegations or tell her that he did not sexually abuse K.N. Brown testified that his comments about the allegations in the letter were an attempt to understand the situation.
After a five-day trial, the jury found Brown guilty of two counts of rape, one count of attempted rape, one count of aggravated indecent liberties with a child, and one count of intimidation of a witness (A.N.). Brown was acquitted of one count of aggravated intimidation of a victim (K.N.). Brown was sentenced to a controlling prison term of life imprisonment with no parole eligibility for 1306 months plus 162 months.
Brown filed a timely notice of appeal.
On appeal, Brown claims the district court erred in admitting K.S.A. 60-455 prior crimes evidence. The evidence showed that in 2010 and 2011, following arguments with A.N., Brown became angry and damaged property within the home and vehicles parked outside. While the evidence was admitted to prove one reason K.N. delayed reporting her sexual abuse—fear of Brown's anger, violence, and unpredictability—Brown contends that "any limited probative value was far outweighed by its prejudicial effect." Brown also asserts this error was not harmless but reversible.
The State counters,
Analysis of this issue requires a thorough summary of the evidence presented by the State to prove the two prior crimes and the district court's weighing of the probative value of that evidence in relation to its potential to prejudice Brown's right to a fair trial.
The State filed a pretrial motion under K.S.A. 60-455 seeking to admit evidence of Brown's 2010 and 2011 property damage crimes involving A.N. The defense filed a motion in limine to prevent the admission of the evidence. In the September 19, 2010 incident, Brown and A.N. had an argument over " ‘dissatisfaction with their relationship.’ " According to the State, during the argument, Brown significantly damaged the interior of the home. A.N. left the home and called the police, although she said that she later declined to press charges.
After the incident, K.N., who was 10 years...
To continue reading
Request your trial