State v. Holt

• Citation: 369 Wis.2d 71,879 N.W.2d 808 (Table)
• Decision Date: 08 March 2016
• Docket Number: No. 2013AP2738–CR.,2013AP2738–CR.
• Parties: STATE of Wisconsin, Plaintiff–Respondent, v. Beverly Reshall HOLT, a/k/a Beverly R. Marsh, Defendant–Appellant.
• Court: Court of Appeals of Wisconsin

369 Wis.2d 71

879 N.W.2d 808 (Table)

STATE of Wisconsin, Plaintiff–Respondent,

v.Beverly Reshall HOLT, a/k/a Beverly R. Marsh, Defendant–Appellant.

No. 2013AP2738–CR.

Court of Appeals of Wisconsin.

March 8, 2016.

¶ 1 CURLEY

, P.J.

Beverly Reshall Holt appeals the judgment of conviction for two counts of first-degree child sexual assault (intercourse with a child under twelve years of age), contrary to Wis. Stat. §§ 948.02(1)(b)

(2007–08; 2009–10) and 939.50(3)(b) (2007–08; 2009–10), two counts of first-degree child sexual assault (sexual contact with a child under thirteen years of age), contrary to Wis. Stat. §§ 948.02(1)(e) (2007–08; 2009–10) and 939.50(3)(b) (2007–08; 2009–10), and one count of trafficking of a child contrary to Wis. Stat. §§ 948.051(1) and 939.50(3)(c) (2007–08; 2009–10).¹ On appeal, Holt argues that: (1) the trial court erroneously admitted the audiovisual recording of Caleb's forensic interview and Caleb's testimony into evidence; and (2) that the evidence was insufficient to support the verdict reached on each of the five counts.² We disagree and affirm.

Background

¶ 2 This is a criminal case in which Beverley Reshall Holt³ was charged with two counts of first-degree sexual assault of a child (sexual intercourse, child less than twelve years of age), two counts of first-degree sexual assault of a child (sexual contact with a child less than thirteen years of age), and one count of trafficking of a child (count five).⁴ Count one pertained to an alleged sexual assault of Caleb, and the remaining counts related to the alleged sexual assault and child trafficking of Marcus. A jury found Holt guilty on all five counts.

¶ 3 Per testimony adduced at trial, Holt had been a close friend of Claire, the victims' mother, for many years and was “like a sister” to her. Holt was the only person Claire left her children with for extended time periods, and Holt watched Marcus and Caleb at the Holt home approximately eight to ten times, sometimes overnight. Claire testified that on one occasion in September or October of 2008, Holt watched only Caleb at Claire's home. Claire recalled that the last time Holt watched Marcus and Caleb was late 2009 or early 2010.

¶ 4 In March 2010, when Caleb was four years old, he informed his mother “out of the clear blue sky” that “TT Bev, her nasty” and that Holt had “put [his] wee wee in her mouth.”⁵ Claire contacted the police and arranged for an officer to conduct a taped forensic interview of Caleb.⁶

¶ 5 Claire also testified that after Caleb's revelation, she questioned Marcus, who was six at the time, about whether Holt had ever done anything to him. Marcus initially denied that Holt had done anything, but he then told her that Holt had “put her mouth on [his] private area” and that Holt had gotten on top of him and that she was heavy. Marcus also told her that a lady had given Holt money and that the woman then got on top of him. Claire again contacted the police and was told to bring Marcus in for a taped forensic interview at the same time already scheduled for Caleb's interview.

¶ 6 Marcus and Caleb were interviewed by Officers Colleen Sturma and Trisha Klauser, respectively, on March 25, 2010. The officers are employed by the City of Milwaukee Police Department and assigned to the Sensitive Crimes Division.

¶ 7 During his forensic interview, Marcus stated that it is important to tell the truth and that he promised to tell the truth. He described what happened to him at Holt's house, beginning by stating that a “grown-up went on top” of him and that Holt was “all over” him. He also said that Holt was “on his butt” and that she “licked it” and then she licked his private. He said it felt “bad.” He also described how Holt kissed his lips, took off his clothes, took off her own clothes, touched his private with her mouth while he was lying down on her bed, and how she was on top of him and moved her body up and down. Marcus said this happened at Holt's house more than once. He also described an occasion where two adult women “got in line” and gave Holt money and then they kissed him and got on top of him and moved their bodies. He stated that the women also sucked on his private.

¶ 8 During the interview, Marcus used dolls to demonstrate how Holt had placed his hand on Holt's breast and on her pubic area. He began by taking the clothes off of the dolls, leaving the underwear on the female doll, and then placed the male doll on its back and sat the female doll on the male doll's pubic area and rubbed the female doll back and forth. He then placed the male doll facedown and sat the female doll on top. He also used the doll to demonstrate how Holt kissed him by placing the female doll's head on the male doll's head and then placed the female doll's hand on the male doll's buttocks. He then demonstrated the female doll placing the male doll's hand on the female doll's breast and pubic area. When asked how Holt had used her mouth on his private, Marcus placed the female doll's head in the male doll's pubic area.

¶ 9 During his forensic interview, Caleb began by almost immediately telling Officer Klauser that “TT Bev sucked my wee wee.” He stated this occurred at his house in the living room, and he clarified that it was not the house he currently lived in at the time but one he had previously lived in. He told Officer Klauser that it only happened one time, that no one else was in the house, and that it was cold outside when this happened.

¶ 10 Officer Klauser showed Caleb a blank drawing of the front and back of a boy and then pointed to various body parts, which Caleb identified. When Officer Klauser pointed to the chest area, Caleb identified the area as “private.” Officer Klauser then pointed to the pubic area, which Caleb identified as the “wee wee,” and after flipping the page over, he identified the buttocks as the “booty.” When asked to point where Holt had sucked, he pointed to the pubic area. Officer Klauser also asked Caleb to demonstrate what occurred using dolls. Caleb began by taking the pants off the male doll, and he then removed the underwear. He then said that Holt “suck[ed] it,” and he demonstrated mouth to penis oral sex.

¶ 11 Both audiovisual recordings were introduced at trial and played for the jury. Marcus was called as a witness shortly after the jury viewed the videotape of his interview, and Caleb was called as a witness shortly after the jury viewed the videotape of his interview.⁷ At the time of trial, Marcus was seven years old and Caleb was six years old.

¶ 12 Prior to swearing Marcus in, the trial court confirmed that Marcus understood the importance of telling the truth and swearing to tell the truth under oath. Marcus then testified that Holt had been his babysitter when he was younger and that one time Holt had touched his privates with her hand while he was at her house. He also testified that Holt grabbed his hand and placed it on her breast and that Holt had “humped” him while he was lying on her bed. He initially did not recall whether Holt had placed his hand on any other body part; however, he then stated he remembered telling Officer Sturma that Holt grabbed his hand and put it on her private and that it “made [him] feel nasty.” When asked if Holt had ever done anything with her mouth, Marcus stated that she had kissed him on his cheek and lips while he was in Holt's bedroom. While describing how Holt had “humped” him, Marcus also testified that before she “humped” him, Holt “did suck [his] private part” with her mouth. He further testified that Holt took his clothes off and threw them on the floor and that she also took her clothes off. Marcus also identified pictures of Holt's bedroom.

¶ 13 The State asked Marcus to use dolls to demonstrate what he described Holt as having done. He first took the dolls' clothes off and threw the clothes on the floor. He was very specific, showing and stating that Holt first took his clothes off but left his underwear on, that she then took off her own clothes but left her undergarments on, and that she then removed his underwear. When asked to use the dolls to demonstrate what had happened to his private part, Marcus placed the female doll's face by the male doll's pubic area. He then stated that after Holt put her mouth on his private, she began kissing his stomach and his lips. He also testified that Holt took him into the living room and sucked on his private part again, and that she “humped” him in the living room as well. Additionally, Marcus stated that Holt tied him up to the bed on one of the occasions she “humped” him. Marcus used the dolls to demonstrate what “humping” looked like—he put the male doll on its back and then put the female doll on top of the male doll and moved the female doll back and forth so that it was rubbing on the male doll.

¶ 14 When asked if people other than Holt had ever done anything to him that he did not like, Marcus stated yes and then described how Holt had put him on the bed in her bedroom and how two women in a line in the bedroom “humped” him. He testified that the two women—he described them as adult girls—took his clothes off and then took their clothes off and that they took him off the bed and put him on the floor. He used the dolls again to demonstrate how the first woman “humped” him, and he put the pubic area of the female doll up against the pubic area of the male doll and moved the female doll up and down on the male doll. When asked about the second woman, Marcus stated that she did not have clothes on and that she sucked on his “private part” and “humped” him. Marcus stated that Holt received money from the two women before they took their clothes off and that Holt had placed the money in her closet.

¶ 15 Marcus testified that Holt told him not to tell his mom and that she would mess his mom up if he said anything. He believed that “mess [her] up” meant that Holt would kill her. He confirmed that he did not tell his mom right away but that when he did...