State v. Steenhard
| Decision Date | 23 July 2019 |
| Docket Number | No. 35578-1-III,35578-1-III |
| Court | Washington Court of Appeals |
| Parties | STATE OF WASHINGTON, Respondent, v. TROY LEE STEENHARD also known as TROY LEE BLOOR, Appellant. |
FEARING, J. — Troy Steenhard appeals convictions for child rape and child molestation primarily on the grounds that insufficient evidence supported the conviction of rape and vouching for child witnesses and a noncorroboration jury instruction tainted the convictions for molestation. We agree and reverse all three convictions. We dismiss the charge of first degree rape of a child and remand for a new trial on the charges of first degree child molestation.
This prosecution arises from the alleged sexual abuse of twin sisters, Linda and Marlene, born in 2011 to Molly Tresh. All three names are pseudonyms. Tresh worked fulltime, so Tresh's mother cared for the twins after preschool. On April 10, 2016, Tresh's mother died, and Tresh needed a new afternoon caretaker for the twins. After consulting with her boyfriend, David Holm, Tresh arranged for Troy Steenhard to babysit Marlene and Linda through the rest of the school year.
Neighborhood children, including David Holm's ten-year-old daughter, clustered at Troy Steenhard's home. Steenhard requested that all children call him "Uncle Troy." Report of Proceedings (RP) at 416-17. Molly Tresh viewed Steenhard's interaction with Linda and Marlene and had no concerns about leaving her daughters in his care. Tresh paid Steenhard $100 per week to watch Linda and Marlene from 11:30 a.m. until David Holm returned home from work at 4:00 p.m. each school day. Steenhard also oversaw Holm's daughter when she came home from school at 3:15 p.m.
Initially, Troy Steenhard watched Linda and Marlene at Molly Tresh's home. One week into the arrangement, Steenhard experienced car trouble and asked Tresh if he could babysit the twins at his home. Tresh agreed.
Troy Steenhard lived with his 18-year-old nephew Vinny Embler and his pregnant daughter, Whitney. The daughter lacked work. Steenhard testified at trial that Whitney, Vinny, Vinny's girlfriend, Shannon Williams, or Steenhard's friend, Anita Brandon, were present in his house while he babysat Linda and Marlene. According to Steenhard, visitors entered the home without knocking. Molly Tresh testified that Steenhard wasoften the only adult present when she retrieved the twins, although other children were present.
Two weeks after Troy Steenhard began overseeing Linda and Marlene, Molly Tresh noticed her daughters clinging to her. The twins cried, begged her not to go to work, and asked not to go to Steenhard's house after school. Tresh believed the twins' abnormal behavior resulted from their grandmother's recent death. Linda and Marlene continued this behavior throughout Steenhard's tenure as babysitter, which lasted one month. The twins did not then complain about Steenhard. Tresh and Steenhard disagreed as to the reason for terminating Steenhard's services.
In June 2016, Linda and Marlene's behavior normalized. During the summer break, David Holm's other 13-year-old daughter babysat the twins. Holm's daughter soon notified Molly Tresh that Linda and Marlene played with Barbie dolls as if the dolls engaged in sex. Tresh first believed the twins' single father influenced the girls with his many female friends visiting his house.
In December 2016, Molly Tresh retrieved Marlene early from school because of Marlene's temporary illness. While Molly Tresh and Marlene rode alone in a car, Marlene spontaneously told her mother that she did not wish to go skating with Troy Steenhard. Marlene added that Steenhard was "'a bad man.'" Report of Proceedings (RP) at 435. When the mother asked Marlene what she meant, Marlene replied: "'[h]e touches me in my privates.'" RP at 435. Tresh asked her daughter todescribe the behavior. Marlene placed her hand under her dress, pulled her dress up, wiggled her hand, and displayed an in-and-out motion with her hand near her vagina. When Marlene and Tresh arrived home, Marlene repeated her statements to David Holm and to Tresh's friend, Leah Bias. On Bias' advice, Tresh called the sheriff's office and spoke with a detective.
Later during the day of Marlene's disclosure, Molly Tresh and Marlene attended a doctor's appointment previously scheduled for Marlene because of her illness. After several questions by the doctor, Marlene stated that Troy Steenhard had touched her. The doctor did not perform any gynecological examination.
On December 31, 2016, Linda and Molly Tresh drove near Troy Steenhard's home while visiting Tresh's ex-husband at a grocery store. Linda grew teary-eyed and remarked: "'you're not taking us to Troy's.'" RP at 461-62. When Tresh said no, Linda exclaimed: " " RP at 462. After the return home, Linda disclosed that Steenhard touched her privates on his couch. Linda refused to speak further on the subject. We do not know if Linda had earlier learned of Marlene's accusations against Troy Steenhard.
At some unidentified time and place, Leah Bias spoke with Marlene. Bias held a Barbie doll and asked Marlene to show her the "bad places" where Troy Steenhard touched her. RP at 536. Marlene pointed to a part of the doll between the lower chest and upper thighs, which included the vaginal area. When Bias turned the doll around andasked Marlene whether Steenhard touched her on the buttocks, Marlene said no.
On January 3, 2017, child forensic interview specialist Tatiana Williams, of Partners with Families & Children, separately interviewed the twins. During trial, the State played for the jury a video disk of each interview. In the interviews, both Linda and Marlene mixed fantastical stories with descriptions of molestation by Troy Steenhard.
During her interview, Marlene commented that Troy Steenhard made her touch his penis all day long. According to Marlene, she tickled and squeezed Steenhard's privates after he showed her how. Steenhard required Marlene to touch his penis while he urinated. Marlene added that, on numerous occasions, Steenhard touched her privates with his hand, did not stop when she requested, and told her not to tell or he would ground her. Marlene described an incident when her vaginal area bled due to Steenhard's sharp nails.
During the January 3 interview, Marlene stated that Troy Steenhard urinated onto her mouth on more than one occasion. She vomited each time. Marlene described an incident when Steenhard put a bunny into her vagina. She told the interviewer that the bunny was real. Marlene elaborated that Steenhard inserted the smooth bunny into her privates with a knife handle. According to Marlene, she took a picture of the bunny inside her privates with Steenhard's phone, but Marlene's mother deleted the photograph from the phone. Marlene also stated that Troy Steenhard pulled her pants off while iceskating and the whole town saw the incident. Marlene added that one day she bled all day and her blood went from red to pink to purple to rainbow.
During her interview by Tatiana Williams, Linda only mentioned Troy Steenhard toward the end of the interview. She denied that Steenhard served as her babysitter. Linda asserted that Steenhard touched her and Marlene on their respective vaginas at his house with his bare hand. She added that her mother then slapped Steenhard. Like Marlene, Linda knew that a private part is used for going to the bathroom.
After the interview, Marlene occasionally related more details. She described being forced into Troy Steenhard's bedroom and Steenhard taping her hands and feet. She stated that she did not tell anyone about Steenhard's behavior sooner because Steenhard threatened to hurt her family and predicted he would go to jail. Marlene told law enforcement about Steenhard's sharp finger nails, which description matched photographs of Steenhard's hands taken by law enforcement.
On January 11, 2017, the twins underwent separate physical examinations at Partners with Families & Children. A forensic nurse conducted a genital exam on both Marlene and Linda and found no aberrations. During each physical examination, Marlene and Linda respectively disclosed inappropriate touching by Troy Steenhard.
The State of Washington charged Troy Steenhard with one count of raping Marlene, a child, in the first degree. The State also charged Steenhard with two counts ofchild molestation in the first degree, one count with Marlene as victim and one count with Linda as victim.
The trial court conducted a child hearsay hearing under RCW 9A.44.120(1) in order to assess whether to show, during trial, the recorded interviews of Linda and Marlene to the forensic interviewer and whether to admit comments uttered to their mother Molly Tresh and statements made to Leah Bias. The trial court ruled all interviews and statements to be admissible under the factors enumerated in State v. Ryan, 103 Wn.2d 165, 691 P.2d 165 (1984).
Marlene testified at trial. The trial court ruled Linda incompetent to testify at trial.
The prosecution began the examination of Marlene as follows:
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