State v. Sharpe, No. COA05-1273 (NC 5/16/2006)
| Decision Date | 16 May 2006 |
| Docket Number | No. COA05-1273,COA05-1273 |
| Court | North Carolina Supreme Court |
| Parties | STATE OF NORTH CAROLINA v. KENNETH DELWARD SHARPE. |
Mark Montgomery, for defendant-appellant.
Kenneth Delward Sharpe ("defendant") appeals from judgments entered after a jury found him to be guilty of three counts of first-degree rape and thirty-one counts of taking indecent liberties with a child. Defendant was sentenced to consecutive life sentences in consolidated judgment 02 CRS 024814, and in judgments 02 CRS 024815 and CRS 024816. We find no error.
The State's evidence tended to show defendant sexually abused Michaela Ann Flynt ("Michaela") and her brother Mike Flynt ("Mike") between 1971 and 1978. Michaela and Mike are the natural born children of Rachel Bray Sharpe ("Rachel"). Defendant was Rachel's boyfriend and eventual husband.
Michaela met defendant in 1968, when she was five years old. Michaela testified she was attending third grade in Greensboro in 1971. Michaela, Mike, Rachel, and defendant traveled to the mountains for a camping trip. While Rachel and Mike went to a nearby store to purchase camping supplies, Michaela and defendant remained inside a camping trailer at the camp site.
Defendant showed Michaela a pornographic magazine and asked her to lay on her stomach on the bed. Defendant removed Michaela's pants and molested her. Defendant told Michaela "it would be our secret" and to not tell her mother. After Michaela, Mike, Rachel, and defendant returned to Greensboro, defendant repeatedly molested Michaela in her bedroom while her mother was outside the home.
On one occasion, defendant pulled up Michaela's night gown and put his mouth on her breast. Approximately three months after that incident, Michaela, her family, and defendant moved to another home in Greensboro. On numerous occasions, "nearly daily," defendant showed Michaela pornographic eight-millimeter films in his bedroom while both he and Michaela were naked. Defendant masturbated in front of Michaela, and made her perform oral sex on him. Defendant laid on top of Michaela and placed his penis on top of her vagina and moved up and down while on top of her.
During Summer 1972, Michaela was preparing to attend fourth grade. Defendant performed oral sex on her. Michaela testified defendant molested her on numerous occasions during the Summer 1972.
Michaela testified that defendant made her brother Mike remove his clothes and watch pornographic movies with Michaela and him. On two occasions, defendant told Mike to lay on top of his sister and simulate sexual intercourse while both Mike and Michaela were naked. Defendant stood beside them and masturbated. Defendant gave Michaela fifty cents to allow him to ejaculate inside her mouth after she performed oral sex on him.
Defendant physically abused Michaela and Mike. Michaela testified,
Defendant made Michaela and Mike stand outside his bedroom window while he engaged in sexual intercourse with their mother. After the act, he would ask both of them separately to tell him the specific sexual positions he and their mother had taken. If they answered the question incorrectly, Defendant also took nude photographs of Michaela.
When Michaela was eleven years of age, she told her mother of defendant's abuses and assaults. Her mother departed the room, and Michaela's maternal grandmother and aunt entered the room and questioned her about her allegations. While Michaela was attending the eighth grade, Michaela, Mike, and their mother, Rachel, moved to Reidsville. Michaela had no contact with defendant. Defendant called Rachel and asked her to visit him. Rachel left Michaela and Mike at their aunt's house and traveled to South Carolina with defendant. Rachel and defendant were married while there.
Michaela, Mike, and Rachel moved into defendant's residence in Spring Brook. Defendant continued to abuse Michaela and Mike. Defendant attempted to insert his penis into Michaela's vagina when she was eleven years old.
In April 1976, when Michaela was thirteen years of age, defendant forcibly attempted engage in sexual intercourse with her, but stopped when he realized she was menstruating. Defendant told Michaela he would never do anything to her again.
In November 1978, when Michaela was fifteen years old, she and her family moved to San Antonio, Texas. In 1981, Michaela met her husband and moved into his residence. Michaela considered informing the police of defendant's abuses, but was told by family members to "get over it."
Mike was born on 12 May 1965. Mike testified he was repeatedly sexually and physically abused from 1974 until 1978.
The first time defendant sexually abused Mike was when he was seven years of age. Defendant required Mike to hold a ten pound dumbbell with his hands while his arms were stretched out, and when Mike was unable to complete the task, defendant made Mike put defendant's penis into his mouth.
Mike testified to the incidents Michaela previously testified to: while both children were naked, defendant made Mike lay on top of Michaela and simulate sexual intercourse, while defendant stood next to them and masturbated. Mike was seven years old at that time. Defendant daily locked Mike into a room so defendant could be alone with Michaela.
When Mike was eight years of age, defendant made Mike view pornographic movies with him and masturbate. These events occurred approximately once or twice a week until 1978. In 1976, defendant had anal sex with Mike, who was then ten or eleven years of age. Mike stated he feared defendant would kill him.
In 2001, Mike's girlfriend delivered their baby daughter. Mike's girlfriend petitioned the court to forbid Mike from visiting his daughter. She alleged Mike had been sexually molested as a child and would likely sexually molest their daughter. Mike testified at that hearing to the sexual abuse he had faced as a child. The trial court did not enjoin Mike from visiting his daughter, but entered an order forbidding either parent to allow defendant to be around the child. Mike's testimony led Michaela to call the police on 31 December 2001 and inform them of the abuse she and Mike had suffered between 1971 and 1978.
Rachel testified defendant beat her, threatened her, and put guns to her head. Defendant beat Michaela and Mike, and Rachel witnessed the beatings. In 1974, Michaela told Rachel that defendant had abused her. After defendant assured her he would no longer harm her children, Rachel married defendant in 1974.
Defendant took nude photographs of Rachel and engaged in sexual affairs with other women. Rachel discovered nude photographs of one of defendant's girlfriends.
In 2001, Michaela and Mike informed Rachel they were planning to seek charges against defendant for the physical and sexual abuse they had suffered. Defendant offered Michaela and Mike $ 60,000.00 to not press charges against him.
Several witnesses testified Michaela had told them of the abuse she suffered, including: (1) Mary Burroughs, Michaela's childhood friend; (2) Kimberly Pickard Graham, Michaela and Mike's cousin; (3) Linda Weavil, the children's aunt; (4) Thomas Bray, Sr., Rachel's brother; (5) Jacqueline Whicker and Pamela Capps, Linda's daughters; and (7) Phillip Hilliard, Michaela's husband.
District Court Judge Thomas Jarrell ("Judge Jarrell") testified he entered an order forbidding Mike and his ex-girlfriend from allowing defendant to be in the presence of their daughter.
Defendant was sixty-four years old at the time of trial. Defendant pled not guilty and testified "he has never done anything inappropriate with those children." Defendant testified Michaela and Mike most likely brought charges against him due to their jealousy of his relationship with his two biological sons, Keith and Kenny. Defendant testified he was sexually abused as a child.
Defendant's two nieces, one nephew, and two sons testified defendant never acted inappropriately with or toward them. The sons testified defendant was partial to them, and that Mike and Michaela were jealous of their relationships.
William Short, who drove a tractor-trailer with defendant from 1987 to 1994, testified he never knew defendant to engage in inappropriate sexual behavior with anyone.
The jury found defendant to be guilty of three counts of first-degree rape and thirty-one counts of taking indecent liberties with a child. Defendant appeals.
Defendant argues the trial court erred when it instructed the jury the incidents testified to by Michaela and Mike "actually happened." Defendant also contends the trial court committed plain error when it: (1) admitted into evidence testimony from a judge in an unrelated matter, who found the allegations against defendant to be credible; (2) permitted Rachel to testify to unrelated acts of alleged misconduct by defendant; (3) failed to instruct the jury that defendant did not have the character trait of being abusive toward children; and (4) permitted the State to prosecute defendant for misdemeanor charges of taking indecent liberties with a minor after the statute of limitations...
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