State v. Hunt

• Citation: 263 Wis.2d 1,666 N.W.2d 771,2003 WI 81
• Decision Date: 02 July 2003
• Docket Number: No. 01-0272-CR.,01-0272-CR.
• Parties: STATE of Wisconsin, Plaintiff-Respondent-Petitioner, v. John P. HUNT, Defendant-Appellant.
• Court: United States State Supreme Court of Wisconsin

263 Wis.2d 1

2003 WI 81

666 N.W.2d 771

STATE of Wisconsin, Plaintiff-Respondent-Petitioner, v. John P. HUNT, Defendant-Appellant.

No. 01-0272-CR.

Supreme Court of Wisconsin.

Oral argument April 9, 2003.

Decided July 2, 2003.

For the plaintiff-respondent-petitioner the cause was argued by Christopher G. Wren, assistant attorney general, with whom on the briefs was Peggy A. Lautenschlager, attorney general.

For the defendant-appellant there was a brief by Rex R. Anderegg and Anderegg & Mutschler, LLP, Milwaukee, and oral argument by Rex R. Anderegg.

¶ 1. N. PATRICK CROOKS, J

This is a review of a court of appeals' decision, which reversed the circuit court's conviction of John P. Hunt (Hunt) on six criminal counts, including two counts of first-degree sexual assault of a child, one count of repeated sexual assault of the same child, one count of first-degree sexual assault causing pregnancy of a child, one count of exposing a child to harmful materials, and one count of second-degree sexual assault by use of force.¹

¶ 2. This court is presented with the following issues: (1) Does a circuit court commit reversible error if it fails to provide a detailed Sullivan² analysis for admitting other-acts evidence? (2) Is an appellate court required to perform an independent review of the record for permissible bases for admitting other-acts evidence if the circuit court fails to adequately provide a Sullivan analysis, or alternatively states an impermissible basis for the admission of such evidence? (3) Is an appellate court required to reverse a defendant's convictions on all counts if the circuit court states an improper basis for the admission of other-acts evidence? (4) Is the court afforded greater latitude when applying the Sullivan analysis in cases dealing with sex crimes, especially where a child victim is involved?

¶ 3. We hold that the appellate court erred in reversing the conviction of Hunt on all six counts. Accordingly, we reverse the decision of the court of appeals. Although the circuit court could have provided a more detailed or exhaustive Sullivan analysis for admitting the other-acts evidence in this case, reversal was not appropriate here.

¶ 4. Additionally, pursuant to the well-established independent review doctrine in Wisconsin, we hold that the court of appeals is required independently to review the record if the circuit court fails to provide a detailed Sullivan analysis. Based upon our independent review of the record, we hold that there were reasonable bases justifying the circuit court's decision to admit the other-acts evidence pursuant to Sullivan. The other-acts evidence was properly admitted pursuant to Wis. Stat. § 904.04(2) (1999-2000)³ to prove motive, opportunity, intent, absence of mistake or accident, and context.⁴ The circuit court properly admitted the other-acts evidence to provide the necessary background for understanding Hunt's behavior and to provide an independent source as to the victims' credibility, as well as their state of mind, in light of their recantations of prior charges against Hunt.

¶ 5. In addition to holding that there were permissible purposes, we hold that the other-acts evidence was relevant and probative. Moreover, we hold that the circuit court's cautionary jury instructions on the other-acts evidence mitigated any potential danger of causing unfair prejudice, confusion, misleading the jury, or undue delay.

¶ 6. Here, where permissible purposes existed for the admission of other-acts evidence, and where strong DNA evidence had been introduced, we hold that the court of appeals was not correct in reversing the convictions on all counts. The conviction on the charge of first-degree sexual assault causing pregnancy should have been upheld, even if there were not permissible purposes for the admission of other-acts evidence.

¶ 7. Finally, we hold that the circuit court properly applied the greater latitude rule in allowing other-acts evidence in this case where there were charges of sex crimes, especially since child victims were involved.

I. FACTS

¶ 8. The facts of this case are undisputed. John Patrick Hunt (Hunt) lived with his wife, Ruth,⁵ and their six children. In 1988 Angelica J. and her three children, 15-year-old Tiffany and two other daughters, Lana and April, moved in with Hunt in a marital-type relationship. Angelica and her children resided with Hunt, Ruth, and the other children, in what was a functionally bigamist household. After Angelica arrived Hunt had another child with Ruth and three more with Angelica.

¶ 9. In 1998 Tiffany J. (Angelica's daughter from a previous relationship and 15 years old at the time) gave birth to a son, Isaiah. The DNA testing subsequently established that Hunt was the father of Tiffany's child. At the time of this dispute, the Hunt household had 13 people living in it: Hunt; his two "wives," Ruth and Angelica; and ten minor children.

¶ 10. On September 21, 1999, Ruth and Angelica took the children to the police station and reported that Hunt had threatened them and others in the household. Ruth informed Milwaukee police officers that she was afraid to return home, and that her husband had threatened their lives.

¶ 11. Based on the information provided in the police report the police officers accompanied them back to their home. Ruth and the others waited in the car about a half-block away, while the officers went to the premises. At the home the officers arrested Hunt and allowed the others back inside.

¶ 12. After the arrest of Hunt police officers interviewed members of the family. Officers learned that Hunt frequently smoked crack cocaine and would force the entire family into the upstairs portion of the home, which was without running water, for the duration of his drug use. It was also revealed, through these interviews, that Hunt would force either Tiffany or Angelica J. to have sexual intercourse with him while he was smoking crack cocaine.

¶ 13. Hunt was charged by the Milwaukee County District Attorney, E. Michael McCann, with six criminal counts, including two counts of first-degree sexual assault of a child, one count of repeated sexual assault of the same child, one count of first-degree sexual assault resulting in the pregnancy of a child, one count of exposing a child to harmful materials, and one count of second-degree sexual assault by use of force.

¶ 14. After the charges were filed the victims and witnesses recanted their statements to police officers and refused further cooperation with the prosecution.

¶ 15. On February 28, 2000, as a result of the women's refusal to cooperate, the prosecutor filed a pre-trial motion in limine seeking, inter alia, the introduction of other-acts evidence that Hunt had physically and sexually abused Ruth, Tiffany, and Angelica. Under Wis. Stat. § 904.04(2) (1997-98) evidence of other crimes, wrongs, or acts is not admissible to prove character of a person to show that he acted in conformity therewith, but may be permitted for purposes such as proof of motive, opportunity, intent, preparation, plan, knowledge, identity, or absence of mistake or accident.⁶ In support of its motion, the prosecution argued that the other-acts evidence was admissible under Wis. Stat. § 904.04(2) as relevant and probative of the context in which these sexual offenses occurred, and was part of the corpus of the crimes with which Hunt had been charged. The prosecution asserted that the other-acts evidence related directly to the victims' state of mind, and their past acts of recanting prior charges against Hunt.

¶ 16. With respect to the other-acts evidence of Hunt's drug use, the prosecution argued that those allegations (e.g., that he constantly smoked crack) provided the necessary background for understanding Hunt's behavior and provided an independent source of information about the credibility of the victims' stories. Moreover, the prosecution argued that the other-acts drug evidence was highly relevant in light of the victims' current recantations.

¶ 17. Defense counsel, Thomas M. Bartell,⁷ filed a brief in opposition to the motion in limine, and the prosecutor later filed a supplemental motion to admit evidence that Hunt had previously used drugs. The supplemental motion listed three reasons for the inclusion of the other-acts evidence: (1) as part of the corpus of the crimes; (2) context and necessary background information; and (3) for corroboration of the information previously given to police, since the witnesses were recanting their stories.

¶ 18. The circuit court held a pre-trial motion hearing, where the prosecutor repeated the arguments for the other-acts evidence, and also pointed out that the evidence would help the jury understand the recantations by the witnesses, as well as the circumstances of the case. In addition, the prosecutor argued that the evidence showed an absence of mistake on Hunt's part and that the evidence showed opportunity and motive. Over defense objections Judge Dennis P. Moroney granted the State's motion in limine and allowed the State to introduce some of the other-acts evidence it requested.⁸ ¶ 19. In its analysis, the circuit court specifically referred to the Sullivan test for admitting the evidence of other-acts. State v. Sullivan, 216 Wis. 2d 768, 576 N.W.2d 30 (1998). The circuit court judge said:

The Court would find that the threshold requirements of a 904.04 other acts evidence have been satisfied in this case. I think there is not much question about that just based upon what I have heard, and also what I have read in the case and also the certain amount of information that has been provided but then certainly—certainly denied at various times, and it goes to the credibility of the people, I grant you, but it—but it also goes to whether or not contextually in this case here to show whether or not he acted in conformity therewith under the—you know, under the rules of the other acts evidence.

So

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