State v. Goldenstein
| Decision Date | 17 August 1993 |
| Docket Number | Nos. C8-92-1273 and C5-92-1277,s. C8-92-1273 and C5-92-1277 |
| Citation | 505 N.W.2d 332 |
| Parties | STATE of Minnesota, Respondent, v. Ronald Siebelt GOLDENSTEIN, Appellant (C8-92-1273), Paulene Evelyn Goldenstein, Appellant (C5-92-1277). |
| Court | Minnesota Court of Appeals |
Syllabus by the Court
1. If the trial court makes a threshold determination that there is a reasonable probability that child complainants in a criminal sexual conduct prosecution have falsely accused others of sexual abuse, evidence of the prior false accusations is admissible to challenge the credibility of the children and as substantive evidence tending to prove the current offense did not occur. The exclusion of such evidence violates a defendant's constitutional right to present a defense.
2. A child's out-of-court statements admitted under the residual hearsay exception do not violate the confrontation clause of the United States and Minnesota Constitutions if the state establishes that the totality of the circumstances surrounding the making of the statements exhibits a showing of particularized guarantees of trustworthiness.
3. When a criminal defendant seeks discovery of confidential or privileged materials, the trial court must conduct in camera review of the materials and, in its discretion, determine whether any information contained in the materials is relevant and helpful to the defense.
4. When the state charges a defendant with a single criminal sexual conduct offense occurring in a three-year period and no testimony at trial addressed the date of the offense, a defendant's failure to request a special interrogatory verdict to have the finder of fact authoritatively resolve whether the crime occurred before or after August 1, 1989, when new sentencing guidelines became effective, is excusable. Because there is no waiver, the sentencing court is not free to resolve the factual question, and doubt as to whether the crime occurred before or after August 1, 1989, must be resolved in favor of the defendant.
Hubert H. Humphrey, III, Atty. Gen., St. Paul, Michael O. Freeman, Hennepin County Atty., Michael Richardson, Asst. County Atty., Minneapolis, for respondent.
John M. Stuart, State Public Defender, Cathryn Middlebrook, Asst. Public Defender, Minneapolis, for appellants.
Considered and decided by DAVIES, P.J., HUSPENI, and HARTEN, JJ.
This appeal involves the criminal convictions of appellants, Paulene and Ronald Goldenstein, who allegedly sexually abused their three foster children from May 1987 through May 1990. Following a joint jury trial, Paulene and Ronald Goldenstein were convicted of criminal sexual conduct in the first degree in violation of Minn.Stat. Sec. 609.342, subd. 1(a) (1990) 1 and Ronald Goldenstein was also convicted of criminal sexual conduct in the second degree in violation of Minn.Stat. Sec. 609.343, subd. 1(a) (1990). 2 The trial court, imposing upward durational departures from the August 1, 1989, sentencing guidelines, sentenced each appellant to 120 months for the first degree convictions and Ronald Goldenstein to an additional 21-month stayed consecutive sentence for criminal sexual conduct in the second degree.
Appellants challenge their convictions on the grounds that (1) they were denied their constitutional right to present evidence in support of their defense; (2) admission of hearsay evidence violated their constitutional right to confront their accusers; (3) the trial court erred in prohibiting the defense access to portions of privileged or confidential materials; (4) the trial court's evidentiary rulings and prosecutorial misconduct denied them a fair trial; (5) the evidence was insufficient to support the convictions; and (6) the trial court erred in sentencing them under the August 1, 1989, sentencing guidelines. We reverse and remand for a new trial.
In 1987, Hennepin County placed three Native American siblings, D.P., then four-and-one-half years old, her brother, W.P., then three-and-one-half years old, and their sister C.R., then 22 months old, 3 in the foster care of appellants, Paulene and Ronald Goldenstein. The county informed appellants that the three children were neglected and possibly abused by their biological mother, who had a severe alcohol problem. Appellants, who previously had been foster parents to six children at various times, were initially hesitant to take the children but agreed after recognizing that the children needed a home.
In 1986, before placement of the children in appellants' home, the biological mother left the children home alone and unsupervised. Police found two of the children on the roof and the third naked in the alley. After the biological mother abandoned the children in March 1987, the children were found outside, one in urine-soaked underwear. Their housing lacked heat and electricity and was extremely unsanitary. Child protection placed the children in a shelter.
On April 27, 1987, the older girl was placed in appellants' home; the younger girl was placed there two days later. The boy was placed there on May 11, 1987. On May 7, 1990, the older girl reported to her day care provider that Ronald Goldenstein had hit her. Appellants allegedly sent the older girl, who apparently was acting inappropriately in a store, to sit alone in appellants' truck while the others finished shopping. Ronald Goldenstein allegedly struck the older girl after appellants returned to the truck and found that the older girl had started a fire in the truck. Child protection removed the children from appellants' home on May 10, 1990, and commenced an investigation. A finding of physical maltreatment and neglect was subsequently made and Hennepin County revoked appellants' foster care license.
According to Paulene Goldenstein, the children exhibited inappropriate sexual behavior immediately after their placement in appellants' home. Paulene Goldenstein testified that the older girl masturbated the first night in appellants' home and that the boy touched or attempted to touch Paulene Goldenstein's breasts. She also initially observed that the children were hyperactive and would strike, kick, and bite each other. Paulene Goldenstein discussed the sexual and aggressive behavior with the children's social worker at that time and attempted to get the children into therapy.
Many of appellants' witnesses, including prior social workers, a day care provider, family members, and coworkers, testified that the three children presented multiple challenges for appellants from the start. For example, a day care provider testified that on the first day she cared for the children, the boy climbed on her lap and touched her breasts. She stated that she often found the older girl in the bathroom masturbating and that the younger girl often played sexually. Similarly, a coworker testified that while at appellants' home for dinner with the family, she and Paulene Goldenstein found the older girl on the bed "humping" the coworker's son. Barbara Dickenson, the social worker from 1987 to 1988, testified that Paulene Goldenstein reported to her that the children acted out sexually, such as the older girl masturbating or mimicking sexual intercourse, or the boy touching Paulene Goldenstein's breasts. Dickenson and another of the children's social workers testified that appellants were fit foster parents.
The children received therapy while in appellants' foster care. According to the therapists, the children never specifically indicated that appellants were sexually abusing them. Dr. Darlene Sholtis, the boy's therapist from December 1989 through August 1990, testified that she administered a battery of tests. On the Bene-Anthony Family Relations Test, the boy responded "mom [Paulene Goldenstein]" to the questions "[t]his person is nice," "[t]his person is nice to me," and "[t]his person helps me." Regarding bad touch, Dr. Sholtis testified that the boy told her that the older girl and the younger girl touched his penis. Although the boy did not reveal any inappropriate sexual touching by appellants, Dr. Sholtis noted that the boy was reluctant to discuss inappropriate touches.
Beginning in January 1988, Ann Gearity began providing therapy to the older girl and worked on issues of sexual acting-out and aggressiveness. Gearity felt the older girl improved during therapy and would not have improved as much if she was being sexually abused during the therapy. The younger girl was assessed by Tom Breitenbucher. In administering the good touch/bad touch test, the younger girl identified "[the older girl] humps me" as a bad touch. The younger girl did not state Ronald Goldenstein touched her in a bad way, although Paulene Goldenstein was in the room while Breitenbucher administered the tests. Breitenbucher last saw the younger girl after the children were removed from appellants' home. He testified that the younger girl
was not very happy to see me. She asked about Mrs. Goldenstein, if I had seen her, what had happened to her. It was pretty clear that she was afraid of me, angry with me. My interpretation was she associated me with being taken out of that home.
After their removal from appellants' home, the children were placed in the foster care of Sybil Gund on September 17, 1990. Gund was informed that the children were hyperactive and had come from a background including a chronically alcoholic mother. Approximately two weeks after the children came to her home, Gund noticed the children sexually acting out. The boy, for example, attempted to kiss another boy on the mouth. Gund also found the boy and the younger girl playing in the boy's room and both had their underpants down. According to Gund, the sexual acting out occurred "often enough" and was primarily instigated by the older girl.
While in Gund's home, the three children made statements that they had been sexually abused in appellants' home. The younger girl was the first to indicate she...
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