State v. Hines
| Decision Date | 26 May 2022 |
| Docket Number | SD 37164 |
| Citation | 648 S.W.3d 822 |
| Parties | STATE of Missouri, Respondent, v. Eric A. HINES, Appellant. |
| Court | Missouri Court of Appeals |
Appellant's Attorney: Jedd C. Schenider, of Columbia, Missouri.
Respondent’(s) Attorney: Eric S. Schmitt, Attorney General, and Nathan J. Aquino, Assistant Attorney General, of Jefferson City, Missouri.
Eric A. Hines ("Hines") challenges his conviction, following a jury trial, of one count of statutory sodomy in the first degree. In two points relied on, Hines argues that the trial court erred in: (1) overruling Hines’ motion to suppress statements, and in admitting Exhibit 10 (interview video) and Exhibit 11, (Hines’ apology letter to Victim); and (2) in overruling Hines’ motion to dismiss in violation of his right to a speedy trial. Finding no merit to either of Hines’ points relied on, we deny the same and affirm the judgment of the trial court.
Hines does not challenge the sufficiency of the evidence to sustain his conviction. On appeal, we consider the facts and reasonable inferences derived therefrom in the light most favorable to the verdict, and reject all contrary evidence and inferences. State v. Phillips , 319 S.W.3d 471, 474 (Mo. App. S.D. 2010). In that light, the following evidence was adduced at trial.
Victim was born in 2011. Hines lived with Victim and her mother, A.B., from late 2017 until July 2018, at which time he moved to Florida. Thereafter, A.B. abandoned Victim, who was later found by law enforcement during a drug bust in a "methamphetamine house" being cared for by two unknown individuals. The Division of Family Services was notified, took custody of Victim, and placed her with Travis Fulton, a third cousin. Shortly thereafter, guardianship of Victim was transferred to Travis and Barbara Fulton ("the Fultons"). The Fultons had known Victim since she was a toddler. Barbara Fulton was a nurse practitioner and Victim was a patient at Fulton's clinic.
Shortly after Victim came to live with the Fultons, Victim started exhibiting odd sexual behaviors at an excessive frequency, often in front of others. Victim's understanding of sex was also more advanced than it should have been for a seven-year-old child.
When Barbara Fulton approached Victim about the behavior, Victim stated that "her mom's boyfriend [Hines] ... taught her these behaviors." Victim identified Hines by name. She was able to show Fulton what Hines had done to her and made her do to him. The abuse occurred between Christmas 2017 and the spring of 2018. Victim also mentioned a gun, stating that Hines threatened to kill her if she did not agree to the sexual abuse or if she told anyone about it.
The Fultons did not initially inform law enforcement about the abuse until Victim consistently told the same story and identified the same person—Hines—as her abuser. In the spring of 2019, Barbara Fulton contacted Detective Jonathan Counts ("Detective Counts"), with the Salem Police Department, and reported Victim's behavior and what Victim had recounted as to the sexual abuse she suffered at the hands of Hines. Victim underwent two Child Advocacy Center ("CAC") forensic interviews, one in June 2019 and the other in July 2019. In her interviews, Victim said that she told A.B. and Victim's older sister ("Sister") of the abuse. Detective Counts was present at both CAC interviews. Both interviews were videotaped, admitted at trial, and played for the jury.
Detective Counts also interviewed A.B. and Sister regarding Victim's CAC allegations that she had reported the abuse to A.B. and Sister. In the interviews, both denied Victim had ever told them about Hines’ abuse.
Anne Wilson ("Wilson"), a nurse examiner for Kid's Harbor, conducted a sexual assault forensic examination of Victim. Victim recounted her sexual abuse by Hines. Upon examination, Victim had no visible injuries, which is not uncommon in sexually abused children.
In July 2019, Detective Counts located Hines in St. Augustine, Florida, but due to COVID restrictions, was unable to interview Hines until July 22, 2020. Upon being contacted by the St. John's County Sheriff's Department, Hines came to the sheriff's department to be interviewed. At approximately 45 minutes into the interview, Hines was given his Miranda1 warnings, which he read aloud and signed, and then voluntarily continued speaking to Detective Counts. Up to this point, Hines was free to leave even after he was Mirandized . Hines did in fact go outside at one point to raise his car windows.
In interviewing Hines, Detective Counts "utilize[d] deception as a technique[.]" He felt it was "a strategy" and the "best way to get success[.]" Detective Counts told Hines a story about an uncle who had engaged in an act with a minor in order to "relate with the subject to build rapport[,]" as it was a "very awkward thing to talk about and in order to do that you have to use techniques and strategies that help you get to that level."2 Detective Counts also told Hines there was medical evidence that Victim had been penetrated and that it happened on her birthday when she turned seven—both statements were untrue.
Hines admitted he lived with Victim and A.B. from late 2017 through the spring and summer of 2018. He freely admitted he abused Victim "[t]wo, maybe three times." He described the incidents as having taken place in his bed, a chair swing, and at the side of a barn. Hines denied any penetration or ejaculation. Detective Counts never threatened Hines. Hines was very cooperative and talkative throughout the interview. The video of Hines’ interview was entered into evidence as Exhibit 10, and played for the jury. Hines also wrote an apology letter to Victim stating, in part, that he was sorry for not being a better father, as the things they did "were not what fathers do with daughters." The letter was marked as Exhibit 11 and entered into evidence. At the conclusion of the interview, Hines was arrested and returned to Missouri.
On August 28, 2020, Hines was initially charged, by felony information, with two counts of felony statutory sodomy. On February 26, 2021, the felony information was amended and Hines was charged with one count of felony statutory sodomy in the first degree, pursuant to section 566.062,3 in that on or between January 1, 2018 through July 11, 2018, he had deviate sexual intercourse with Victim who was less than 12 years old.
On August 25, 2020, Hines filed a "Request for Speedy Trial," and on August 28, 2020, the hearing on the request was passed to September 28, 2020. On September 3, 2020, Hines filed a second Request for Speedy Trial.
On September 11, 2020, prior to the September 28, 2020 hearing to schedule a trial date, Hines filed a "Motion to Suppress" any statements Hines made to police on July 22, 2020, arguing those statements were not knowingly and voluntarily made and violated his Miranda rights. At the hearing on September 28, 2020, at which Hines and trial counsel both appeared, the trial court set a section 491.075 hearing and a hearing on the motion to suppress for November 4, 2020. After hearing testimony and argument on November 4, 2020, the trial court took the motion to suppress under advisement, and passed the case to November 23, 2020, for ruling and a trial setting.
On November 22, 2020, the trial court, by docket entry, overruled Hines’ Motion to Suppress.
On November 23, 2020, the trial court noted no appearances were made or requests received from the parties and passed the case to December 14, 2020.
On December 6, 2020, the trial court again suspended "non-critical, in-person court proceedings on the docket [set for] December 14, 2020," citing the Supreme Court's order regarding the pandemic. The trial court explicitly noted that it would
On December 14, 2020, the docket entry indicates that the parties appeared and the case was passed to January 25, 2021, for motions and/or trial setting, with no objection by either party noted.
Thereafter, Hines filed: (1) a motion for Case.net access; (2) a request for hearing under section 491.075 (); (3) a motion seeking to admit a prior visual and audio recording of a child under section 492.304; (4) and a motion for an order declaring witnesses unavailable. With these motions, Hines filed notices of hearings, with the first two motions noticed for hearing on January 25, 2021, and the last two motions noticed for hearing on February 22, 2021.
On January 25, 2021, the parties appeared and the case was again passed to February 22, 2021, for hearing on all motions.
On February 22, 2021, a hearing on Hines’ pending motions was held. The trial court sustained in part the motion for Case.net access, and denied the motion to declare witnesses unavailable. Trial counsel did remind the trial court of Hines’ pending request for speedy trial, and also advised that "we want to get this case set for trial." A jury trial was then scheduled for April 6, 2021. Trial cou...
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