State v. Samuels, WD 58572.
| Citation | 88 S.W.3d 71 |
| Decision Date | 27 August 2002 |
| Docket Number | No. WD 58572.,WD 58572. |
| Parties | STATE of Missouri, Respondent, v. Alexander H. SAMUELS, Appellant. |
| Court | Missouri Court of Appeals |
Jeremiah W. (Jay) Nixon, Attorney General, Breck K. Burgess, Assistant Attorney General, Jefferson City, MO, for respondent.
Andrew A. Schroeder, Assistant Appellate Defender, Kansas City, MO, for appellant.
Before HOWARD, P.J., TURNAGE, Sr. J., and HANNA, Sr. J.
Alexander Samuels appeals from his convictions of three counts of statutory rape in the first degree, § 566.032,1 four counts of statutory sodomy in the first degree, § 566.062, and one count of statutory rape in the second degree, § 566.034. Samuels' sole point on appeal is that the trial court erred in sustaining the State's motion in limine and precluding him from presenting evidence that the victims, A.S. and A.B., alleged that men other than him had sexually abused them.
We affirm in part, reverse in part, and remand for a new trial in accordance with this opinion.
The following is a brief summary of the facts. The facts will be further discussed as warranted by the points on appeal.
This case involves the alleged sexual abuse of N.W., age 14, A.S., age 9, and A.B., age 6. A.S. and A.B. were Samuels' children. The evidence indicates that their mother had either lost custody or abandoned the children and was not present in the home. N.W. knew appellant because appellant used to date her sister. She moved into Samuels' residence because her mother could not care for her and she had nowhere else to go.
On March 10, 1998, DFS received a hot line call alleging that children were living in a dirty house with no food in the home. N.W., A.S., A.B., and three other children were living in the house, which was located at 59th and Troost in Kansas City, Missouri. After investigation, DFS placed five of the children in the home in the Salvation Army Children's Shelter, while the youngest child was placed in a foster home. N.W. went to live with her mother temporarily.
While A.S. was in the shelter, she disclosed the sexual abuse that Samuels had committed against her, and a second hot line call was made to DFS concerning the alleged abuse. Katherine Cole, a social worker with DFS, took A.S. to the emergency room because A.S. had stated that she had a yellowish-green discharge from her anus. A.S. made extensive disclosures to Cole about the sexual abuse Samuels committed against her.
On March 23, 1998, A.S. went to Children's Mercy Hospital for an examination. The examination revealed that A.S.'s whole vaginal area was red and inflamed and bled very easily, her hymen was thickened and had rolled edges, and her urethra gaped open.
On March 24, 1998, another social worker, Kristin Fowler, talked to N.W. and A.B. A.B. disclosed that Samuels had sexually abused her. N.W. had initially denied that Samuels had sexually abused her. A month later, however, after N.W.'s mother had kicked her out of the house, she called Fowler back and told her that she had had sexual intercourse with Samuels. On March 27, 1998, A.B. also disclosed to Cole that her father had sexually abused her.
On March 30, 1998, Cole took A.S. to the Child Protection Center ("CPC") at Children's Mercy Hospital, where social worker Julie Donelon interviewed A.S., and A.S. made a videotaped statement concerning Samuels' abuse of her.
On April 17, 1998, Cole took A.B. to the CPC, and on the way A.B. again disclosed that Samuels had sexually abused her. Donelon interviewed A.B. at the CPC, and the interview was videotaped. Dr. Katherine Smith examined A.B. that same day. Dr. Smith observed that A.B.'s genitalia appeared normal, and Dr. Smith believed that if A.B. had experienced penile penetration, it was not deep enough to extend through the hymenal opening, which was undisturbed.
On May 15, 1998, Dr. Smith examined N.W. The examination revealed that she had an interruption of the hymen. This was consistent with sexual contact. However, N.W. admitted to having sex with a person other than Samuels in October 1997.
A.S. subsequently disclosed to her counselor, Judith Anderson, that Samuels had sexually abused her. A.B. also disclosed to her counselor, Deborah Rinehart, that Samuels had sexually abused her.
Samuels was arrested on September 9, 1998. The next day, Officer Brad Dumit of the Kansas City Police Department asked Samuels if he was aware of why he was under arrest. Samuels said that he was under arrest because he had been accused of raping his children. Officer Dumit informed Samuels of his Miranda rights. Samuels signed a written waiver of those rights and indicated that he wanted to speak to Officer Dumit.
Samuels initially said that he had not done anything wrong and that he did not have anything to hide. He said that the children were probably mad at him because he was strict. Later in the interview, though, he said that he suffered from blackouts and that he sometimes did not remember what he did. Several times during the interview, Samuels broke down and cried and said that he needed to see a therapist if he molested his children or anyone else. He said that he wanted to find out if he had done anything to the children. He said, "I'm not going to deny doing anything sexual to those kids, but I'm also not going to admit it."
Samuels was charged with statutory rape in the first degree involving A.S. (Count I), statutory sodomy in the first degree involving A.S. (Count II), statutory sodomy in the first degree involving A.S. (Count III), statutory rape in the first degree involving A.S. (Count IV), statutory sodomy in the first degree involving A.S. (Count V), statutory sodomy in the first degree involving A.S. (Count VI), statutory rape in the first degree involving A.B. (Count VII), and statutory rape in the second degree involving N.W. (Count VIII).
At trial, N.W. testified that she moved into Samuels' house at 59th and Troost on November 5, 1997. Shortly after moving in, she and Samuels began having sexual intercourse at least twice a week.
A.S. testified at trial that she had put her mouth on Samuels'"front part" after Samuels told her to do so, and that Samuels would then "go pee" and that something would come out in her mouth and she would spit it out. She further testified that Samuels touched the inside of her behind with his "front part" and that Samuels told her that he would kill her if she told anybody. A.S. testified that Samuels would go "up and down" and put grease on his "private." She further testified that Samuels put his "front part" inside her "front part" and that this happened "a lot."
A.B.'s testimony was presented to the jury by way of a videotaped deposition. A.B. testified that Samuels touched the inside of her "private" with his hand and that Samuels put his "private" inside her "private."
Samuels did not testify on his own behalf or call any witnesses. At the close of the evidence, instructions and argument of counsel, the jury found that Samuels was guilty as charged. After finding Samuels to be a prior offender, the trial court sentenced Samuels to 25 years for Count I of statutory rape in the first degree, 25 years for Count II of statutory sodomy in the first degree, 25 years for Count III of statutory sodomy in the first degree, 25 years for Count IV of statutory rape in the first degree, 25 years for Count V of statutory sodomy in the first degree, 25 years for Count VI of statutory sodomy in the first degree, 30 years for Count VII of statutory rape in the first degree, and 7 years for Count VIII of statutory rape in the second degree. The court ordered the sentences for Counts I through VI to run concurrently with each other and the sentences for Counts VII and VIII to run consecutively with each other and consecutively with the sentences in Counts I through VI. This appeal follows.
The standard of review was set forth in State v. Sales, 58 S.W.3d 554, 558 (Mo.App. W.D.2001), as follows:
A trial court has broad discretion in deciding whether to admit or exclude evidence at trial. We will not disturb the trial court's ruling unless we find that it clearly abused its discretion. And we will only find a trial court to have clearly abused its discretion when a ruling is "clearly against the logic and circumstances before the court and is so arbitrary and unreasonable as to shock the sense of justice and indicate a lack of careful consideration."
(Citations omitted.)
Samuels' sole point on appeal is that the trial court erred in sustaining the State's motion in limine, which precluded him from presenting evidence that A.S. and A.B. alleged that men other than him had raped them.2 Samuels intended to elicit this testimony through cross-examination of Katherine Cole and Julie Donelon and through his presentation of Christina Odell's testimony. Samuels contends that A.S.'s statements to Cole, Donelon, and Odell were relevant to show both an alternative source of vaginal abnormality and an alternative source of knowledge of adult sexual acts. Samuels contends that A.B.'s statements to Cole and Donelon were relevant to show an alternative source of knowledge of adult sexual acts. Samuels contends that all of the statements were relevant to show the girls' motive to lie. Samuels contends that he suffered prejudice because a possible motive to lie was kept from the jury and because the State was allowed to attribute A.S.'s vaginal abnormalities and both girls'"unusual" knowledge of adult sexual acts solely to him, but he was not in turn allowed to attribute the abnormalities and unusual familiarities to the men whom the defense believed were entirely responsible for the crimes.
On February 25, 2000, the State filed a "motion in...
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