State v. Duck
| Decision Date | 14 December 2022 |
| Docket Number | 54,597-KA |
| Parties | STATE OF LOUISIANA Appellee v. MICHAEL DUCK Appellant |
| Court | Court of Appeal of Louisiana — District of US |
STATE OF LOUISIANA Appellee
v.
MICHAEL DUCK Appellant
No. 54,597-KA
Court of Appeals of Louisiana, Second Circuit
December 14, 2022
Appealed from the Twenty-Sixth Judicial District Court for the Parish of Webster, Louisiana Trial Court No. 93,301 Honorable Michael Owens Craig, Judge
DMITRC IAN BURNES Counsel for Appellant
MICHAEL DUCK Pro Se
JOHN SCHUYLER MARVIN Counsel for Appellee
District Attorney
HUGO A. HOLLAND, JR.
RICHARD RUSSELL RAY
Assistant District Attorneys
Before MOORE, COX, and HUNTER, JJ.
HUNTER, J.
The defendant, Michael Duck, was charged by bill of indictment with the first degree rape of A.O. and the first degree rape of C.O., in violation of La. R.S. 14:42(A)(4). Following a jury trial, the defendant was found guilty as charged of the first degree rape of A.O. and guilty of second degree rape with regard to C.O. The defendant was sentenced to serve life in prison without the benefit of probation, parole, or suspension of sentence for the first degree rape conviction, and 38 years without the benefit of probation, parole, or suspension of sentence for the second degree rape conviction. The sentences were ordered to be served consecutively. For the following reasons, we affirm the defendant's convictions and sentences. We remand this matter to the trial court with instructions to provide the defendant with written notice of the sex offender registration requirements.
FACTS
The victims in this case are A.O. and C.O., the stepdaughters of the defendant, Michael Duck. In March 2016, the Webster Parish Sheriff's Office ("WPSO") received a report in reference to "a rape of a juvenile" in Sarepta, Louisiana. Deputy Joe Morgan was dispatched to the residence and encountered A.O., an 11-year-old girl, standing outside. Deputy Morgan testified A.O. approached his vehicle and reported the defendant had been engaging in sexual intercourse with her and her younger sister, C.O. According to Deputy Morgan, A.O. informed him the sexual abuse began when she was six years old. After obtaining permission from the children's mother, Deputy Morgan questioned C.O., who was nine years old. C.O. confirmed A.O.'s statements. A.O. and C.O. also reported the defendant's
adult son, Michael Anthony Dragland ("Andy"), had also been engaging in sexual intercourse with them.[1]
Once officers learned A.O. and C.O. had not changed clothes since the last sexual assaults allegedly occurred, Deputy Morgan instructed A.O. and C.O. to place the clothing they were wearing into bags, which he confiscated as evidence. Both children were transported to a local hospital for a physical examination, and they were later interviewed at the Gingerbread House.
C.O. was born in January 2007, and she was 14 years old when she testified at trial. C.O. testified she was two years old when her mother married the defendant, and the defendant began sexually abusing her when she was four or five years old. C.O. testified she lived in the home with the defendant, her mother, A.O., and her brothers, Ch.O. and K.O. She also testified Andy, the defendant's son from a prior marriage, lived in a "camper" on the same property; Andy's wife and children also lived in the camper. C.O. further testified her mother had "a problem with drugs," and she slept "a lot."
C.O. also attested the defendant and Andy engaged in vaginal and oral sexual intercourse with her and A.O. on numerous occasions, and at times, both men had sex with her and A.O. at the same time. C.O. further testified the defendant attempted to insert his penis into her anus on one occasion, but "it wouldn't fit." She stated the sexual abuse did not end until the abuse was reported to law enforcement. C.O. also stated she and her siblings traveled
in a camper with the defendant when he worked out of state, and the sexual abuse also took place in other states, namely Kansas and Ohio.
According to C.O., she and A.O. had been sexually abused by the defendant the night before A.O. reported the abuse to the authorities, and she was abused by Andy on the night the abuse was reported.[2] C.O. testified after she and A.O. reported the abuse, she and her siblings were removed from her mother's custody and were placed in separate foster homes.
During cross-examination, C.O. admitted she told law enforcement officers the defendant performed oral sex on her, but he did not force her to perform oral sex on him. She stated her mother had instructed her to lie to the officers, so her children would be returned to her custody. She also testified the defendant was in the process of adopting her and her siblings when the abuse was reported. C.O. admitted she and A.O. did not want the defendant to adopt them. She stated she and her sister wanted to live with one of her mother's friends, Kristy, because Kristy consistently provided them with food when they did not have any food at home.
On redirect examination, C.O. testified the defendant would ensure he was alone in the house with her and A.O. by sending her mother on errands and sending her brothers outside. She also testified she and A.O. would sometimes refuse to engage in sexual intercourse with the defendant, and he would punish them by beating and starving them, locking them outside,
refusing to allow them to bathe, or forcing them to bathe outside in cold weather.
Mona Hanson, C.O.'s foster mother, testified C.O. was undergoing psychological counseling to address mental health issues stemming from the abuse. Over the defense's objections, the State introduced into evidence photographs of numerous superficial cuts on C.O.'s arms and legs from engaging in self-harm. Hanson testified following a pretrial meeting with the district attorney's office, C.O. returned home "very quiet and withdrawn," and she "just cried on and off the rest of the afternoon." Hanson stated later that day, she found C.O. "curled up in a ball" with cuts all over her arms and legs. C.O. had also carved the word "die" into her leg. She testified she transported C.O. to the emergency room to have the wounds treated.
A.O. was born in March 2005. She was 16 years old when she testified at trial. A.O. testified she was "four or five" when her mother married the defendant, and she was "about seven" when the sexual abuse began. A.O. specifically testified the defendant inserted his penis into her vagina and mouth, and he placed his mouth on her vagina on numerous occasions. She further testified the defendant and Andy had engaged in sexual intercourse with her. She also stated she called the authorities to report the abuse in 2016 because she knew engaging in sexual intercourse with her stepfather and stepbrother "wasn't how things were supposed to be," and she "just got tired of it."[3]
A.O. testified she had been sexually assaulted by Andy "a couple of hours" before she called law enforcement, and by the defendant "maybe a day or two before." She stated whenever she and C.O. refused to engage in sexual relations with him, the defendant would punish them with beatings and starvation, and he would generally treat them "like crap." A.O. was unable to recall how many times the defendant engaged in sexual intercourse with her because it happened "so many times." She corroborated C.O.'s testimony that the sexual abuse occurred in Kansas and Ohio when the family traveled with the defendant for his job. A.O. also testified she had witnessed the defendant engaging in sexual intercourse with C.O. on many occasions, and she had witnessed him having sexual intercourse with G.N.D., one of his daughters from a previous marriage.
During cross-examination, A.O. testified she and C.O. were currently living in separate foster homes and attending different high schools, but they would visit each other at times. A.O. also testified before she reported the abuse, she and C.O. had often visited Kristy, one of her mother's friends; however, she did not tell Kristy about the sexual abuse until the night before she reported it. She stated Kristy gave her a number to call to report the abuse. A.O. admitted before the abuse was reported, she and C.O. wanted to live with Kristy because she took better care of them than their mother. A.O. further testified she had never told her mother about the sexual abuse because she was afraid her mother would not believe her. She also recalled her mother urging her to lie to the police officers.
During redirect examination, A.O. testified her mother did not support her and C.O. after they made the allegations against the defendant. She
stated her mother attempted to convince her to "change her story." A.O. explained she wanted to live with Kristy because she felt safe at her house.
Dr. Lissette Wise, a clinical psychologist, was accepted by the court as an expert in the field of clinical psychology. She testified she had never interviewed the victims in this case. Dr. Wise also testified delayed disclosure is common in children who are victims of sexual abuse. She explained as follows:
In some cases, the child is being harmed by the people that are supposed to be caring for them and protecting them. So when you're in an environment where the person who's supposed to care for you is the person hurting you, it's not, "I'm now going to report." There has to be so many circumstances available, such as an opportunity to tell, and it has to be maybe a safe person to tell. There has to be potential support to tell. And depending on the age of the child, it may not even quite make sense what's going on. They may not even have the language to talk about what has happened because they're so little. That's not language that they have. There's also shame and embarrassment and fear. You have no idea how many threats have been made. So there's a lot that gets in the way of immediately reporting, and instead it can be months, it can be years, and in some cases, people never...
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