State v. Taylor

• Decision Date: 12 June 2002
• Docket Number: No. 36,066-KA.,36,066-KA.
• Citation: 821 So.2d 633
• Parties: STATE of Louisiana, Appellee v. Elbert TAYLOR, Jr., Appellant.
• Court: Court of Appeal of Louisiana — District of US

821 So.2d 633

STATE of Louisiana, Appellee v. Elbert TAYLOR, Jr., Appellant.

No. 36,066-KA.

Court of Appeal of Louisiana, Second Circuit.

June 12, 2002.

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Wilson Rambo, Monroe, for Appellant.

Richard Ieyoub, Attorney General, Paul J. Carmouche, District Attorney, Laura Wingate Lea Hall, Assistant District Attorneys, for Appellee.

Before NORRIS, CARAWAY and KOSTELKA, JJ.

NORRIS, Chief Judge.

The defendant, Elbert Taylor Jr., was indicted for the aggravated rape of his six-year-old niece, L.T. La. R.S. 14:42 A(4). A jury found him guilty as charged, and the District Court imposed the mandatory sentence of life at hard labor without benefit of probation, parole or suspension of sentence. Taylor now appeals, urging 10 assignments of error. We affirm.

Factual background

On Christmas morning 1999, the victim's mother, Stephanie, went to her mother's home on West 82nd Street in Shreveport. She brought along her two daughters, including six-year-old L.T. Many relatives were present, including the 39 year old defendant, who is Stephanie's brother and L.T.'s uncle. At some point, Stephanie left to pick up some other relatives. At the time, L.T. was playing in the yard with other children.

When Stephanie returned, L.T. was not in the yard, resulting in a search for the missing child. Stephanie found Taylor in a bathroom, taking a shower. Through the locked door, Taylor told Stephanie that L.T. had gone to a neighbor's house, but Stephanie knew this was untrue as she had already been there. Stephanie could see through a crack in the door that Taylor was clothed, but he still insisted he was taking a shower and refused to come out. According to Stephanie, he stayed in the bathroom for an hour or two, raising her suspicions.

When Taylor finally opened the door, Stephanie came in and started searching the bathroom. She found L.T. in the cabinet under the lavatory, hidden under dirty clothes. The child was clothed and apparently unharmed, but extremely upset. Believing that Taylor had done something to the child, Stephanie called 911. While on the phone, she scuffled with Taylor, who left the house. The police then arrived; L.T. told Officer Hunt that Taylor made her "kiss him in the penis area until he peed in her mouth." Officer Hunt then left and apprehended Taylor on the other side of a drainage ditch, walking away from the scene.

L.T. was taken to the LSU Medical Center Pediatric Clinic where she was examined by Dr. Atossa Stanley, a family practitioner. She found no cuts or bruises, but saw that L.T.'s hymen was not intact. L.T. told Dr. Stanley that Taylor had called her into the bathroom; he put his "thing" in her mouth until he "peed white bleach"; he then told her to take off her clothes; he then put it in "down there," going "in and out." Dr. Stanley administered a rape kit test to L.T., and also took a statement from Stephanie.

While at the hospital, L.T. also gave a statement to Detective Van Wray. She said that after her mother left that morning, Taylor called her into the bathroom; he then told her to "suck on his dick until he pede [sic]"; he then told her to take off her clothes, and "stuck his thing inside of her coochie"; this made her hurt; finally, when he heard Stephanie calling for her, Taylor stuck her in the cabinet.

Two days later, L.T. and her cousin, eight-year-old S.T., were taken to the Gingerbread House, a children's advocacy center. Janice Horton Reliford, a forensic interviewer, conducted videotaped interviews of both children following all protocols. She was explicit that while the interviews were being taped, nobody was present except the child and the interviewer; however, using an earpiece she could receive questions from Det. Van Wray, who was in a separate room with the girls' parents. In the interview, L.T. told Ms. Reliford that her uncle made her "suck his thing" and put "his thing in her coochie" until yellow stuff that "smelled like bleach" came out.

In a separate interview with Ms. Reliford, S.T. said Taylor had grabbed her by the shirt and pulled her into the bathroom; S.T. told him to leave her alone, but he locked her in while he took a shower. Later, he told her that he would marry her when she got older. Ms. Reliford testified that both of the videotapes appeared to be accurate and correct.

On January 4, 2000, L.T. returned to LSU Medical Center to be examined by Dr. Anne Springer, a pediatrician and the physician coordinator of the Child Abuse Diagnosis and Management Service. She did not take any statement, but examined L.T. with a colposcope, finding the child's hymenal opening "jagged and irregular" and scarring in the fossa navicularis. She concluded that something "too big to fit through the opening" had passed through it, tearing it and damaging the tissue; she described the action as "basically slamming into this tissue." She testified that it may have been a finger, but the evidence was not consistent with "straddle injuries," which would leave straight-line abrasions.

Connie Brown, a forensic DNA analyst at the North Louisiana Crime Lab, examined the rape kit, L.T.'s panties and clothing, and Taylor's clothing, together with oral samples taken from Taylor. She testified that one of the stains on L.T.'s panties, and her oral swab, tested positive for PSA, an antigen found only in seminal fluid. However, there was not enough spermatozoa on either sample to conduct DNA analysis.

As noted, the Caddo Parish grand jury indicted Taylor for aggravated rape, citing R.S. 14:42A(4), based on the fact that L.T. was under the age of 12. The State filed notice of its intent to use other crimes evidence pursuant to La.C.Cr.P. art. 720 and La. C.E. art. 404 B, specifically that Taylor "had previous sexual contact and vaginal sexual intercourse with the juvenile victim L.T., and also has made inappropriate and lustful comments to juvenile victim S.T." The State also filed notice of its intent to use the videotapes of the minors at trial, pursuant to La. R.S. 15:440.1. After a hearing on April 3, 2001, the District Court ruled that the other crimes evidence and the videotapes were admissible.

The case went to trial in August 2001. In addition to the evidence outlined above, L.T. testified that everything she said on the video was true, and that her uncle had done this to her "lots," at least three times. On cross examination, she agreed with defense counsel's suggestion that her mother was present in the room while the video was being made. Her cousin, S.T., testified that Taylor had told her he intended to marry her, but he had never touched or hurt her.

At the close of evidence, Taylor moved for mistrial on grounds that the video of S.T.'s interview did not satisfy La. C.E. art. 404 B, in that it failed to show any pattern or system of actions. This motion was denied. Taylor also moved that the statutory responsive verdicts of forcible rape and attempted forcible rape should be included as responsive verdicts. The court denied this motion, finding no evidence of force.

The jury found Taylor guilty as charged of aggravated rape. The vote was 11-1. Taylor filed a motion for post verdict judgment of acquittal, which was denied. The court sentenced him to the mandatory sentence of life at hard labor, without benefit of probation, parole or suspension of sentence. This appeal followed.

Discussion—Sufficiency of the evidence

By his first and eighth assignments Taylor urges the evidence was legally insufficient to sustain his conviction. He urges that the only direct evidence was the testimony of L.T., which was tainted by suggestive questions; all the other evidence, chiefly the testimony of expert witnesses, was circumstantial, inconclusive and contradictory.

As it applies to this case, aggravated rape is defined as rape where the anal, oral or vaginal sexual intercourse is deemed to be without lawful consent of the victim because the victim is under the age of 12 years. Lack of knowledge of the victim's age is not a defense. La. R.S. 14:42A(4).

When issues are raised on appeal both as to the sufficiency of the evidence and as to one or more trial errors, the reviewing court first analyzes the sufficiency issue. This is because the accused may be entitled to an acquittal under Hudson v. Louisiana, 450 U.S. 40, 101 S.Ct. 970, 67 L.Ed.2d 30 (1981), if a rational trier of fact, viewing the evidence in accord with Jackson v. Virginia, 443 U.S. 307, 99 S.Ct. 2781, 61 L.Ed.2d 560 (1979), in the light most favorable to the prosecution, could not reasonably conclude that all of the elements of the offense have been proved beyond a reasonable doubt. State v. Hearold, 603 So.2d 731 (La.1992); State v. Bosley, 29,253 (La.App. 2 Cir. 4/2/97), 691 So.2d 347, writ denied 97-1203 (La.10/17/93), 701 So.2d 1333. The standard of appellate review for sufficiency of the evidence is whether, after viewing the evidence in the light most favorable to the prosecution, any rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt. Jackson v. Virginia, supra; La.C.Cr.P. art. 821. The Jackson standard applies to all evidence, both direct and circumstantial, to test whether it is sufficient to prove guilt beyond a reasonable doubt to a rational jury. State v. Neal, 00-0674 (La.6/29/01), 796 So.2d 649; State v. Owens, 30,903 (La. App. 2 Cir. 9/25/98), 719 So.2d 610, writ denied 98-2723 (La.2/5/99), 737 So.2d 747.

The appellate court's authority to review questions of fact in a criminal case is limited to the sufficiency evaluation of Jackson v. Virginia, supra, and does not extend to credibility determinations made by the trier of fact. La. Const. Art. 5, § 10(B); State v. Williams, 448 So.2d 753 (La.App. 2 Cir.1984). Within the bounds of rationality, the trier of fact may accept or reject, in whole or in part, the testimony of any witness. State v. Casey, 99-0023 (La.1/26/00), 775 So.2d 1022; State v. Bosley, supra....