State v. Pignolet
| Decision Date | 01 September 1983 |
| Docket Number | No. 81-159-C,81-159-C |
| Citation | 465 A.2d 176 |
| Parties | STATE v. Richard PIGNOLET. A. |
| Court | Rhode Island Supreme Court |
This is a criminal case in which the defendant was found guilty on six counts of second-degree sexual assault and two counts of assault with intent to commit sexual assault. The defendant was sentenced to three years on the counts of second-degree sexual assault and five years on the remaining counts, the sentences to run concurrently. He now appeals his conviction. We affirm.
The evidence established that Eleanor, 1 the complaining witness, is a stepdaughter of defendant. The assaults took place during the summer and fall of 1979. At this time, Eleanor lived in a rural area with her mother, stepfather, sister, and brothers. Eleanor's mother worked nights and was not at home when the assaults took place. At the time of the assaults, Eleanor was fourteen years of age.
The evidence established that all of the assaults took place at home, in the evening, after the other children had gone to sleep. The first incident occurred in the parlor. The defendant told Eleanor to sit next to him on the sofa, which she did. He then put his hand around her waist and up inside her shirt. She tried to get away, but he pulled her back down. He then removed her shirt and bra and touched her breasts while she cried and continued to try unsuccessfully to get away from him. He warned her that if she told anyone what he had done, he would "make [her] life miserable." The evidence established that he was a stern disciplinarian, capable of dispensing harsh physical punishment to his stepchildren.
The second incident occurred on July of 1979 when, after the other children had gone to bed, defendant again removed Eleanor's shirt and bra and fondled her breasts as she cried. Again, she tried to get up and get away from him, but he pulled her back down beside him. This time defendant told Eleanor that if she allowed him to do what he wanted, he would grant her certain privileges.
On the night of the third assault, after Eleanor had gone to bed, defendant woke her up and told her to do the dishes, which she did. However, when Eleanor tried to return to bed, he told her to stay up; he kept her up with him until her older brother had retired. After her brother had gone to bed, Eleanor was told by defendant to sit on the couch next to him. The defendant then pulled Eleanor down beside him, removed her shirt and bra, and touched her breasts.
The fourth incident also occurred at night after Eleanor had gone to bed and had fallen asleep. The defendant came into her bedroom, told her to get up and go into the parlor, which she did. He then told her to go to his bedroom and get into his bed. He then got into bed and removed her clothing and his own. Eleanor started to cry. The defendant got on top of her, placed his penis between her legs, and attempted to push her legs apart. She pleaded "No" and began to cry harder. The defendant then told her "[she'd] have to do it sooner or later because some day, he'd do it by force."
The fifth incident occurred in September of 1979. Like the others, it occurred at night while the other children were asleep and the mother was working. Again, he ordered Eleanor to go into the parlor and sit on the couch, which she did. He removed all of her clothing and again got on top of her. Eleanor cried and attempted to get away from defendant, but he pushed her back down.
The sixth assault took place during October in the parlor, at night, again on the couch. The defendant removed Eleanor's clothing and his own, got on top of her, and attempted to push her legs apart with his own. Eleanor pushed him off her.
These assaults upon Eleanor came to light when, despite her fear of her stepfather's retaliation, she mustered enough courage to tell her mother what had been happening to her. The mother immediately took Eleanor and the other children and left the home that they had shared with defendant.
At trial, Eleanor's thirteen-year-old sister, Nancy, 2 testified for the state. Nancy stated that in September of 1976 when she was nine years old, defendant called her into his bedroom and told her to undo her pants. As she was doing so, he told her if she told anyone what he was doing, he would "drown her at the beach." Before she finished unbuttoning her pants, her grandmother returned home and the incident ended.
Two other incidents about which Nancy testified occurred in the fall of 1979 during the evening hours. On the first occasion, Nancy and defendant were seated on the couch in the parlor watching television. The defendant pushed Nancy into a reclining position on the couch, then lay down behind her and pressed against her. Nancy was frightened, but nothing further happened because the episode was interrupted by her mother's return home. The second incident was substantially the same except that it ended when Nancy burst into tears when defendant made her lie down on the couch. She knew that defendant was assaulting her sister, and she feared that he would do the same to her. When she began to cry, defendant permitted her to go to bed.
At trial, defense counsel sought to preclude the state from offering Nancy's testimony. The trial justice first heard her testimony in a hearing on a motion in limine, out of the presence of the jury. The trial justice ruled that the testimony was admissible under this court's decision in State v. Jalette, 119 R.I. 614, 382 A.2d 526 (1978), because it tended to show a lewd or wanton predisposition and intent or motive on the part of defendant toward his two stepdaughters.
On appeal, defendant claims that the trial justice committed prejudicial error by admitting the sister's testimony. We disagree.
Generally, evidence of independent, past criminal behavior unconnected with the crimes for which the defendant is on trial may not be used to show commission of the crime charged even though it is criminal activity of the same type. State v. Jalette, 119 R.I. 614, 624, 382 A.2d 526, 531 (1978). There are, however, many exceptions to this rule of evidence. See McCormick's Handbook of the Law of Evidence § 190 (2d ed. Cleary 1972). In fact, this court has stated that
State v. Colangelo, 55 R.I. 170, 173-74, 179 A. 147, 149 (1935). (Emphasis added.)
In State v. Jalette, 119 R.I. 614, 382 A.2d 526 (1978), this court specifically applied these principles to cases involving sexual offenses against children. In Jalette, we quoted the rule enunciated in People v. Kelley:
"[E]vidence that the accused committed nonremote similar sexual offenses with persons other than the victim may be admitted to prove the presence of the traditional exceptions to the general rule, [exclusion of evidence of other crimes] such as intent or motive, with a caveat that evidence of other acts with other persons may be shown on the issue of intent only if it is absolutely necessary, such as instances where the accused admits the act but claims it was an accident or mistake * * *." (Emphasis added.) State v. Jalette, 119 R.I. at 627, 382 A.2d at 533. (quoting People v. Kelley, 66 Cal.2d 232, 240-43, 57 Cal.Rptr. 363 at 370-73, 424 P.2d 947 at 954-56 (1967)).
When adopting the holding in Kelley, however, this court relaxed the standard for admission of this type of evidence. We stated that rather than show absolute necessity for such material, evidence of this type (Emphasis added.) State v. Jalette, 119 R.I. at 627, 382 A.2d at 533.
Applying these principles to the case before us, we feel that the trial justice apparently complied in every particular with the directions of this court in Jalette when he admitted this evidence. The victim had testified to the eight separate acts and attempts of first- and second-degree sexual assault to which we have previously referred. These incidents occurred most often on the living-room couch while defendant and Eleanor watched television. Each incident occurred late in the evening after Eleanor's brothers and sister had gone to bed, and while her mother was away at work. At this time, she and her brothers and sister were in the custody and control of defendant, their stepfather. The defendant had been married to the victim's mother for six years and had established himself as a stern man, demanding of the children and capable of striking them with a hand or belt. In fact, Eleanor said that he had once threatened to shoot her. She also said she was afraid he would "beat her up" if she did tell. Understandably, the victim was afraid of her stepfather.
Nancy's testimony indicates that def...
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