State v. Rhyne

• Decision Date: 02 July 1992
• Docket Number: No. 91-230,91-230
• Parties: STATE of Montana, Plaintiff and Respondent, v. Robert Michael RHYNE, Defendant and Appellant.
• Court: Montana Supreme Court

Page 1112

833 P.2d 1112

253 Mont. 513

STATE of Montana, Plaintiff and Respondent, v. Robert Michael RHYNE, Defendant and Appellant.

No. 91-230.

Supreme Court of Montana.

Submitted on Briefs March 5, 1992.

Decided July 2, 1992.

Benjamin R. Anciaux, Polson, for defendant and appellant.

Marc Racicot, Atty. Gen., Cregg W. Coughlin, Asst. Atty. Gen., Helena, Larry Nistler, County Atty., Kathleen O'Rourke-Mullins, Deputy County Atty., Polson, for plaintiff and respondent.

GRAY, Justice.

The defendant, Robert Michael Rhyne, appeals his convictions on five counts of incest following a jury trial in the District Court of the Twentieth Judicial District, Lake County. We affirm.

We address the following issues on appeal:

1. Did the District Court err in ruling that the defendant could not introduce into evidence the victim's medical records obtained by the defendant or testimony based on the records?

2. Did the District Court err in granting the State's motion in limine to exclude evidence relating to the victim's claimed abortion?

3. Did the District Court err in denying the defendant's discovery request to obtain the victim's records from her current psychological counselor?

4. Was the defendant denied a fair trial as a result of prosecutorial misconduct?

Vicki L. became engaged to Rhyne in 1986. In April 1986, she and her four children from a previous marriage, including K.L., began residing with Rhyne in Polson, Montana. Vicki L. and Rhyne were married in August 1986.

K.L. testified that she was sexually assaulted by Rhyne on several occasions between October 1986 and September 1988. Throughout this period of time K.L. was under eighteen years of age. K.L. testified that she was first assaulted by Rhyne after she accidently discovered him in his bedroom having extramarital sexual relations. She claimed that, upon her discovery, Rhyne became physically abusive, threw her to the floor and had sexual intercourse with her while the other person held her down.

K.L. testified that she was next assaulted after she had become angry with her mother and hit her. K.L.'s mother asked Rhyne to discipline her. In response to the request, Rhyne threw K.L. into her bedroom and, in the course of striking her, fondled her breasts and pubic area.

According to K.L., another assault occurred when Rhyne chased her into her bedroom to discipline her. She testified that Rhyne had sexual intercourse with her, after which he forced her to perform oral sex. K.L. stated that a fourth assault occurred when Rhyne had sexual intercourse with her after she and Rhyne argued over which television program to watch. K.L. further testified that Rhyne had sexual intercourse with her on another occasion after he returned home from work and found her still asleep in bed.

Rhyne was charged by an information filed on August 11, 1989 with five counts of incest. Following a period of discovery, the State filed a motion in limine on October 15, 1990, seeking to exclude evidence of K.L.'s prior sexual conduct pursuant to Sec. 45-5-511(4), MCA (1989). K.L. told her counselors that she previously had been sexually assaulted by an uncle and her natural father and had sexual contact with another youth. These revelations were contained within medical records released to Rhyne in response to his pretrial discovery requests.

Rhyne filed a motion in limine on October 18, 1990, seeking approval of the admission of evidence regarding K.L.'s prior sexual abuse. He argued that such evidence was admissible to rebut the State's offered expert testimony that K.L. suffered from borderline personality disorder, depression and post-traumatic stress disorder. The parties' motions in limine were orally argued to the court that afternoon; the court did not make a ruling at that time.

That same day, the State filed an objection to the disclosure of K.L.'s records from her current psychological counselor, Dr. Joan Hess-Homeier, which Rhyne had requested. The State opposed the disclosure on the grounds that nothing within Dr. Hess-Homeier's records pertaining to K.L. was relevant or exculpatory, K.L.'s right to confidentiality outweighed Rhyne's right to discovery and disclosure would jeopardize the doctor-client relationship between Dr. Hess-Homeier and K.L. The State requested the court to deny Rhyne access to Dr. Hess-Homeier's records outright or, in the alternative, inspect the records in camera to determine their relevancy. The State's objection was orally argued to the court that afternoon. After being informed that the State did not intend to call Dr. Hess-Homeier as a witness at trial or rely on her records and that Rhyne had not made a request for a current psychological evaluation of K.L. by a psychologist of his choice, the court ruled that Rhyne could not obtain Dr. Hess-Homeier's records pertaining to K.L.

The next day, on October 19, 1990, the District Court granted the State's motion in limine to exclude evidence of K.L.'s prior sexual conduct pursuant to Sec. 45-5-511(4), MCA (1989). The court's order prohibited "reference to or offering evidence concerning the alleged victim's past sexual conduct with anyone other than the Defendant." The court also denied Rhyne's motion in limine to introduce evidence of K.L.'s prior sexual abuse.

Several pleadings then followed. Rhyne filed an amended notice of witnesses on October 22, 1990, in which he stated that he intended to call Dr. James Wemple as an expert to testify regarding the effect of prior sexual assaults upon K.L. The State requested a clarification of the court's October 19, 1990 order to determine what evidence would open the door to Rhyne's introduction of K.L.'s prior sexual abuse. The State also filed a motion in limine to exclude evidence relating to K.L.'s claim that she had undergone an abortion as a result of becoming pregnant by Rhyne. Rhyne sought reconsideration of the court's ruling that K.L.'s prior sexual abuse was not admissible.

A hearing regarding the various pleadings filed by Rhyne and the State was held on October 24, 1990. The District Court ruled that Rhyne could not introduce evidence relating to K.L.'s alleged abortion unless the State first opened the door to such evidence. The court also ruled that evidence of K.L.'s prior sexual abuse could not be introduced by Rhyne unless the State opened the door regarding K.L.'s prior sexual abuse or her mental condition. On the basis of this latter ruling, the State informed the court and Rhyne that it would not call an expert to testify. Additionally, in light of its ruling regarding the State's opening the door to K.L.'s prior sexual abuse, the court deferred, until trial, ruling on the admissibility of K.L.'s medical records which were obtained by Rhyne and served as the basis of his expert's opinion concerning K.L.

A jury trial was held on October 25, 26 and 29, 1990. During voir dire, the prosecutor inquired of the prospective jurors if any of them would feel uncomfortable telling a group of people the details of his or her first sexual experience. In chambers, Rhyne objected to any reference to the incest claims as K.L.'s first sexual experiences. The court instructed the prosecutor to avoid any comments which would suggest that the alleged acts of incest were K.L.'s first sexual experiences.

During the defendant's case-in-chief, Dr. Wemple was called to testify and was qualified as an expert. When defense counsel asked Dr. Wemple whether he had received and reviewed any information regarding K.L., a recess was taken to allow the court to further consider and rule upon the admissibility of K.L.'s medical records. Thereafter, the court concluded that the State had not opened the door to K.L.'s prior sexual abuse or mental condition and ruled that Rhyne could not introduce K.L.'s medical records or present testimony, based on the records, regarding her mental condition.

The jury found Rhyne guilty on all five counts of incest. He was sentenced to ten years in prison on each count with the sentences to run consecutively. The District Court suspended the sentences on four of the five counts and ordered Rhyne to complete sexual offender treatment at the prison. Rhyne appeals.

I.

Did the District Court err in ruling that the defendant could not introduce into evidence the victim's medical records obtained by the defendant or testimony based on the records?

Rhyne presents several arguments in support of his position that the District Court erred in prohibiting the introduction of K.L.'s medical records into evidence. We will not disturb a district court's ruling on the admissibility of evidence absent an abuse of discretion. State v. Hall (1990), 244 Mont. 161, 169, 797 P.2d 183, 189.

Rhyne first asserts that he was denied his Sixth Amendment right to confront witnesses against him because he was not permitted to introduce K.L.'s medical records or discuss her mental condition. He argues that, as a result of the court's ruling, he was not able to effectively cross-examine K.L.

The medical records at issue were obtained by Rhyne through pretrial discovery and contained information regarding K.L.'s prior sexual abuse. Rhyne attempted to use the records to support his claim that K.L. was suffering from a mental condition which was caused, at least in part, by her prior sexual abuse and which reduced her credibility.

The District Court's order of October 19, 1990 prohibited the introduction of evidence of K.L.'s prior sexual abuse pursuant to Sec. 45-5-511(4), MCA (1989), which provides:

(4) No evidence concerning the sexual conduct of the victim is admissible in prosecutions under this part except:

(a) evidence of the victim's past sexual conduct with the offender;

(b) evidence of specific instances of the victim's sexual activity to show the origin of semen, pregnancy, or disease which is at issue in the prosecution.

K.L.'s medical records which were obtained by Rhyne and evidence of her mental condition were...