State v. Churchill

• Decision Date: 04 March 2003
• Docket Number: No. SC 84695.,SC 84695.
• Citation: 98 S.W.3d 536
• Parties: STATE of Missouri, Respondent, v. Nicklous D. CHURCHILL, Appellant.
• Court: Missouri Supreme Court

98 S.W.3d 536

STATE of Missouri, Respondent, v. Nicklous D. CHURCHILL, Appellant.

No. SC 84695.

Supreme Court of Missouri, En Banc.

March 4, 2003.

Kent Denzel, Assistant State Public Defender, Columbia, for Appellant.

Jeremiah W. (Jay) Nixon, Atty. Gen., Andrew W. Hassell, Asst. Atty. Gen., Jefferson City, for Respondent.

Introduction

RONNIE L. WHITE, Judge.

Nicklous D. Churchill appeals his conviction of first-degree statutory sodomy under section 566.062.¹ During the course of the trial one of the state's witnesses testified that the abuse allegedly incurred by the victim ("A.T.") "was real," thereby usurping the province of the jury. Because the trial court abused its discretion in overruling Churchill's objection, the judgment is reversed and the case is remanded for a new trial.

II.

Churchill began a short-lived relationship with J.T. ("victim's mother") in mid-February 2000. Their relationship progressed for three to four weeks, ultimately resulting in Churchill residing with J.T. Churchill lived with J.T. for approximately ten days. During that time, Churchill lived out of a duffel bag and slept in the same bed with J.T. On or about March 22, 2000, Churchill and J.T. broke off their relationship, and Churchill moved out of J.T.'s home.

Shortly after Churchill moved out of their home, A.T. and her mother were playing a game. While playing the game, A.T. asked her mother if Churchill was coming back. When J.T. responded that he would not, A.T. expressed relief. A.T. then told her mother that Churchill touched her in her crotch and "hurt her." She told J.T. that Churchill locked her in the bathroom, took her panties off, dropped her on the floor and inserted his fingers into her crotch. A.T. told her mother these things had occurred five or six times and that Churchill did this while J.T. was asleep. A.T. had not mentioned the abuse earlier because she said Churchill warned her that if she awoke her mother it would anger her.

J.T. confronted Churchill with her daughter's allegations on or about March 29. Churchill denied the accusations. J.T. then contacted her pediatrician who referred her to the Department of Family Services ("DFS") for a Sexual Assault Forensic Evaluation ("SAFE") examination. J.T. arranged for A.T. to receive a SAFE examination, and it was conducted on April 12.

Dr. Hana Solomon conducted the SAFE examination of A.T. Prior to the examination, Dr. Solomon interviewed A.T. in order to assess her physical and psychological development. During that interview, Dr. Solomon asked A.T. about her mother's boyfriend, without specifically identifying Churchill. A.T. responded that her mother's boyfriend was named "Nick" and that she did not like him because he hurt her. She told Dr. Solomon that Churchill touched her while her mommy was asleep, "in her crotch," "under her pajamas," and "inside of her body."

Dr. Solomon then conducted the physical examination, which showed no bruising, swelling or lacerations. Although the examination conducted on A.T. was normal and showed no signs of abuse, Dr. Solomon told J.T. that it did not mean that A.T. had not been abused. She explained that any signs of such abuse would normally be gone within 72 hours of the contact and that their absence did not mean that the abuse did not occur.

As a result of A.T.'s statements, Churchill was arrested and charged with firstdegree statutory sodomy.² Prior to trial a hearing was held pursuant to section 491.075 to determine the admissibility of A.T.'s testimony. During that hearing Dr. Solomon testified that her examination of A.T. and her extensive experience in conducting SAFE examinations led her to determine that A.T. was "very believable." At the conclusion of that hearing, the court advised the prosecutor that it did not want Dr. Solomon "to make any comment about the believability or lack thereof" of A.T.'s testimony when the case was actually tried.

At trial, Dr. Solomon testified as to her training during medical school and her professional experience in the area of child sexual abuse. As part of that testimony the prosecutor asked Dr. Solomon whether J.T. had reported any changes in A.T. that were indicative of abuse. Dr. Solomon described several behavioral changes that J.T. had related to her, including bedwetting and nightmares. J.T. told Dr. Solomon that her daughter had not exhibited any of those symptoms before the alleged incident took place. The prosecutor then asked the significance of those changes, and Churchill objected prior to Dr. Solomon's answer. Churchill asserted that the doctor was about to give an opinion as to whether the alleged sexual abuse had actually occurred, and that the court had previously warned the witness not to give such opinion. The trial court overruled the objection, and Dr. Solomon stated that the changes meant, "a significant event had occurred in the girl's life."

In further testimony, Dr. Solomon explained that she considered A.T.'s history, demeanor and ability to give details that went beyond the scope of her developmental age, when assessing whether she had been abused. She said that A.T. had knowledge that was outside the range of normal experience for a child of her age. Further, she suggested that her change in demeanor when discussing the incident told her that the event A.T. was describing "was real" and "had occurred to her." Churchill immediately reiterated his objection and moved for a mistrial, asserting that Dr. Solomon was giving her...