State v. McGuire
| Decision Date | 12 March 2001 |
| Docket Number | No. 26186.,26186. |
| Citation | 135 Idaho 535,20 P.3d 719 |
| Parties | STATE of Idaho, Plaintiff-Respondent, v. Charles Robert McGUIRE, Defendant-Appellant. |
| Court | Idaho Court of Appeals |
Ronaldo A. Coulter, State Appellate Public Defender; Paul S. Sonenberg, Deputy Appellate Public Defender, Boise, for appellant.
Hon. Alan G. Lance, Attorney General; Alison A. Stieglitz, Deputy Attorney General, Boise, for respondent.
Charles Robert McGuire appeals from his conviction for sexual abuse of a child under the age of sixteen, asserting that the district court improperly admitted the testimony of his three adult daughters. McGuire also appeals from his sentence and the district court's relinquishment of jurisdiction, claiming an abuse of discretion as to both. We affirm.
According to the state's evidence presented at trial, when S. M., now sixteen years old, was thirteen years old, McGuire, her father, asked her to rub his feet while he sat on his bed wearing only a T-shirt and his underwear. McGuire, using his legs, pulled S.M. toward him until her back rested against his chest. McGuire then began kissing S.M.'s neck and continued to do so for several minutes. McGuire's arms and legs were wrapped around S.M. during this time. S.M. then told McGuire she was going to bed in order to remove herself from the situation.
A few months later, McGuire approached S.M. while she sat in a chair watching television. McGuire asked S.M. to get up and would not tell her why. McGuire then sat where S.M. had been sitting and asked her to sit on his lap. S.M. declined, explaining that she was too heavy to sit on McGuire's lap. McGuire insisted that she was not too heavy and again asked S.M. to sit on his lap. S.M. eventually sat on McGuire's lap with her back to him. McGuire put his arms on S.M.'s thighs and then began touching S.M.'s hips and rubbing her stomach just above her vaginal area. McGuire rubbed S.M. in this manner for "quite a while." McGuire also rubbed S.M.'s inner thigh near her vaginal area during this incident. As before, McGuire kissed S.M.'s neck during this encounter. S.M. told McGuire she was going to bed, and as she was leaving McGuire kissed her on the mouth for two or three seconds.
McGuire was subsequently charged with sexual abuse of a child under sixteen years of age, I.C. § 18-1506. At trial, S.M. testified in conformance with the facts previously set forth. Thereafter, the state sought to admit the testimony of McGuire's three adult daughters from a previous marriage and McGuire's sister, all of whom claimed they were previously sexually abused by McGuire when they were minors. Pursuant to Idaho Rule of Evidence 404(b), the district court admitted the testimonial evidence of McGuire's daughters, determining that some of this testimony was relevant and that the danger of unfair prejudice did not substantially outweigh its probative value. The court, however, excluded the testimony of the sister. McGuire testified in his own defense, generally denying any sexual contact or having any sexual intent when he may have touched S.M. during these incidents.
McGuire was subsequently convicted of sexual abuse of S.M. and the district court sentenced him to a unified term of ten years, with three years fixed, but with a period of retained jurisdiction. After McGuire completed his rider, the district court relinquished jurisdiction over him, but modified the fixed portion of his sentence to one year. McGuire appeals from his conviction, sentence and the relinquishment of jurisdiction.
EVIDENCE OF McGUIRE'S UNCHARGED SEXUAL MISCONDUCT WAS PROPERLY ADMITTED UNDER I.R.E. 404(b)
In determining whether evidence of a defendant's prior uncharged misconduct should be admitted under Idaho Rule of Evidence 404(b), the court must apply a two-tiered analysis. State v. Moore, 120 Idaho 743, 745, 819 P.2d 1143, 1145 (1991); State v. Spor, 134 Idaho 315, 318, 1 P.3d 816, 819 (Ct.App.2000). First, the court must determine whether "the evidence is relevant to a material and disputed issue concerning the crime charged." Moore, 120 Idaho at 745, 819 P.2d at 1145. Second, the court must determine if the probative value of the evidence is substantially outweighed by the danger of unfair prejudice to the defendant. I.R.E. 403. When considering a trial court's admission of I.R.E. 404(b) evidence, we exercise free review of the trial court's determination of relevance and review the determination that the probative value of the evidence is not substantially outweighed by the danger of unfair prejudice under an abuse of discretion standard. State v. Dragoman, 130 Idaho 537, 544-45, 944 P.2d 134, 141-42 (Ct.App.1997).
The testimony of McGuire's three adult daughters, T.C., K.R. and L.T., was admitted, in limited form, by the district court. T.C. testified that when she was seven years old in 1974, McGuire, a pastor at the time, would take her to church with him and have her lie down in the sanctuary of the church while he rubbed and fondled her between her legs. T.C. also described a time when McGuire woke her by kissing her neck while she slept. Notably, the nature of the kissing described by T.C. was similar to that described by S.M. When T.C. was ten or eleven years old, McGuire would ask her to massage his feet, often keeping her up after everyone else in the household had gone to bed. This foot massaging was often a precursor to McGuire kissing T.C. on the lips and fondling her chest and vaginal area. Just prior to her twelfth birthday in 1979, T.C. was removed from McGuire's home and began living with her aunt. About five years later, McGuire admitted his conduct to T.C., but at the same time told her she was a good kisser.
K.R., who was five years old in 1974, lived with McGuire until she was removed from the home at the same time as T.C.; K.R. was about ten years of age at that time. K.R. testified that between the ages of five and nine, McGuire often requested that she give him foot rubs, and that the foot rubbing often preceded McGuire's sexual abuse of her. McGuire frequently rubbed K.R.'s vaginal area and inner legs during these encounters. L.T., who lived in McGuire's household at the same time as T.C. and K.R. and was subsequently removed at the same time in 1979, testified that McGuire once rubbed her vaginal area during a camping trip and at another time had requested that she rub lotion on him, which ultimately escalated into McGuire molesting L.T. L.T. testified that she gave McGuire foot rubs "all the time." L.T. could not recall if these foot rubs ever led to sexual touching.
The district court precluded McGuire's sister from testifying, finding that the abuse she alleged was too "remote in time and also [did not pertain to] a father-daughter situation." The district court also limited the testimony of T.C., K.R. and L.T. to acts of sexual misconduct against them that were similar to those alleged by S.M. Specifically, the district court excluded testimony regarding previous genital-genital contact, genital-oral contact and incidents where McGuire showered nude with his daughters individually.
McGuire asserts that the district court erred in admitting the above testimony because it was not relevant to a material and disputed issue and its probative value was substantially outweighed by the danger of unfair prejudice.
Idaho Rule of Evidence 404 states:
This rule generally prevents the admission of previous bad acts to establish a person's character for the purpose of showing that the person acted in conformity with that character. The rule, however, may allow such evidence to prove motive, opportunity, intent, preparation, identity, or general plan to exploit and sexually abuse an identifiable group of young female victims. See State v. LaBelle, 126 Idaho 564, 567-68, 887 P.2d 1071, 1074-75 (1995); Moore, supra.
In the case before us, the district court ruled that the above testimony was relevant because McGuire's intent in touching and kissing S.M. was an issue in the case. Indeed, it was made an integral issue because McGuire insisted that, although he committed the acts alleged with S.M., he did not do so with the intent to gratify the lust, passions, or sexual desires of himself or S.M. Idaho appellate courts have previously affirmed the admission of similar evidence where the intent of the defendant was at issue. See State v. Tapia, 127 Idaho 249, 254-55, 899 P.2d 959, 964-65 (1995) (); Spor, 134 Idaho at 319, 1 P.3d at 820 (). McGuire's other daughters' testimony tends to make his unlawful intent—a fact of consequence and a required element of the crime charged under I.C. § 18-1506—more probable, and therefore relevant under I.R.E. 401.
Secondly, the Idaho Supreme Court, after reviewing the disputed testimony, also stated in Moore:
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