State v. Wilson

• Decision Date: 09 July 1999
• Docket Number: No. 80,657, 80,658,80,657, 80,658
• Parties: STATE OF KANSAS, Appellee, v. STEVEN WILSON and GLORIA WILSON, Appellants.
• Court: Kansas Supreme Court

267 Kan. 550

987 P.2d 1060

STATE OF KANSAS, Appellee, v. STEVEN WILSON and GLORIA WILSON, Appellants.

No. 80,657, 80,658

Supreme Court of Kansas.

Opinion filed July 9, 1999.

Judy L. Simon, of Kansas City, argued the cause, and was on the brief for appellant Gloria Wilson.

Martin K. Wells, of Kansas City, was on the brief for appellant Steven Wilson.

Sheryl L. Lidtke, assistant district attorney, argued the cause, Nick A. Tomasic, district attorney, and Carla J. Stovall, attorney general, were with her on the brief for appellee.

The opinion of the court was delivered by

LARSON, J.:

This is an appeal by Steven and Gloria Wilson of their convictions for endangering a child in violation of K.S.A. 21-3608. The Wilsons challenge (1) the constitutionality of K.S.A. 21-3608(a) on grounds of being vague, overbroad, and beyond the scope of the State's police power, (2) the trial court's interpretation of K.S.A. 21-3608(a), and (3) the sufficiency of the evidence.

All charges in this case arose from the events surrounding the abuse and neglect of then 5-year-old L.O. (born October 24, 1991), the daughter of S.O. and J.R. Several adults, many of whom were siblings or related by marriage, lived with their respective children in the same house as L.O. in Kansas City, Kansas. Among the adults living there in various rooms on different floors of the house were Gloria and Steven Wilson, who are married; Norman and Linda Randall, who are married; S.O. who stayed there with her boyfriend (who was not J.R.); and J.R. who lived there with his girlfriend. Gloria Wilson, Norman Randall, and J.R. are all siblings.

Gloria and Steven Wilson began living in the house in late February 1997 and were there in April 1997 when L.O. was removed by employees of the Department of Social and Rehabilitation Services (SRS). During that time, L.O. was neglected and verbally and physically abused by her mother and, to a lesser extent, Norman Randall, on a regular basis in various violent and sadistic ways. The abuse occurred on a daily basis and in Steven and Gloria's presence.

Linda Randall testified that on one occasion, when S.O. was beating L.O. with a board, Steven took the board away and stomped on it and threatened to beat up S.O. Linda also testified that on one occasion, when S.O. had beaten L.O., Gloria beat up S.O. Linda also testified that Gloria called SRS several times to report the abuse of L.O., but SRS records did not substantiate this claim.

Although Gloria was L.O.'s paternal aunt, there was no evidence that Steven or Gloria ever took or were given responsibility for caring for L.O.

On April 28, 1997, SRS employees went to the house in response to a report made that day that L.O. had been severely abused. When the social workers arrived and asked about L.O.'s whereabouts, several individuals, including Gloria Wilson, falsely claimed that L.O. was not there. Someone in the group stated L.O. was in California, and no one attempted to correct this statement. When the social workers asked L.O.'s parents, S.O. and J.R., how long L.O. had been in California, the parents gave inconsistent responses. When the social workers asked for clarification, Gloria falsely asserted that L.O. had been gone for about a week to visit an aunt.

After determining they were not going to get any more information about L.O.'s whereabouts, the social workers left. However, they returned with the police and a warrant the next day to search the home for L.O.

L.O. was found upstairs, sitting quietly on the floor. Her head had been shaved, and there were patches on her head where no hair was growing. Her feet were extremely red and swollen. She was frail, extremely thin, very dirty, and reeked of urine. She had various scratches, bruises, and burn marks from head to toe, and all her fingers were swollen. L.O.'s feet hurt so much she had difficulty standing. She kept asking for water and something to eat.

After an officer carried L.O. downstairs, Steven Wilson began arguing with the police, either telling them they should not be there or asking why they were there. When asked by the police why he had not reported L.O.'s condition to anyone, Steven responded that it was not his problem.

L.O. was taken to the hospital for treatment. She was underweight and ravenously hungry. She said the swelling in the joints of her fingers was from her mother bending back her fingers. The rest of her injuries L.O. described as variously attributable to blows, belt-beatings, scratches, cigarette burns, and paddling, primarily by her mother and to a lesser extent, by Norman Randall and "Big Linda" (an apparent reference to Linda Randall). Some injuries were in various stages of healing. There were also possible indications of sexual abuse. Testimony at trial further indicated that S.O. forced L.O. to stand in corners with her arms in the air for hours at a time, and that S.O. and Norman Randall handcuffed L.O. to a bed at night.

In a 22-count information, 11 defendants, including the Wilsons, were charged with various crimes in relation to the treatment of L.O. The Wilsons were each charged with one count of endangering a child in violation of K.S.A. 21-3608. Norman Randall pled guilty to attempted child abuse and Linda Randall pled guilty to child endangerment; the Randalls testified at the Wilsons' trial on behalf of the State.

Steven moved to dismiss and asserted he could not be convicted under the child endangerment statute, K.S.A. 21-3608, for failing to report L.O.'s abuse because he had no duty to report it under the child abuse and neglect reporting statute, K.S.A. 38-1522. At the hearing on the motion, Steven also argued that the language of K.S.A. 21-3608(a) which speaks of an offender "causing or permitting" a child to be placed in a situation of jeopardy presumes that the offender has some degree of charge or custody of the child, which he did not.

Steven's motion was denied by Judge Dexter Burdette, who noted, among other comments, that under State v. Walker, 244 Kan. 275, 281, 768 P.2d 290 (1989), there is no requirement that one charged under K.S.A. 21-3608 have an independent legal duty to the child.

Gloria moved to dismiss on grounds the language of the child endangerment statute is vague, overbroad, and exceeds the scope of the police power. This motion was argued before Judge Thomas L. Boeding. At that time Steven joined in Gloria's motion and she incorporated the arguments from his earlier motion in her own. The trial court denied the motion to dismiss, and the case proceeded to a bench trial.

The State called seven witnesses at trial, including SRS workers, police officers, the hospital staff who treated L.O., and Norman and Linda Randall. Neither defendant presented evidence. After motions for acquittal were denied, the trial court rendered a memorandum decision, finding both Wilsons guilty.

The trial court found the Wilsons were adults living in the same house with L.O. and the abusers; Gloria is L.O.'s paternal aunt but neither defendant was a parent, step-parent, child care provider, or babysitter of L.O.; the continuous course of substantial and serious abuse occurred around them on a daily basis; the child's abused and deteriorated condition was obvious; and, on at least one occasion, each defendant stepped in to halt the abuse, but SRS records showed no evidence either ever reported it.

The trial court found the child endangerment statute focuses on the reasonableness of a defendant's actions rather than on any independent legal duty to the child. The court concluded the Wilsons had a responsibility under the unique circumstances of the case to "do something" to protect L.O. and a reasonable person under the circumstances would have reported the situation to the authorities and stopped the abuse sooner.

The Wilsons were each sentenced to 1-year in county jail and placed on 24 months' probation. As restitution, each was held jointly and severally responsible with the other house occupants for $614 of L.O.'s medical bills.

Steven and Gloria each appeal, raising identical issues. Is K.S.A. 21-3608(a) unconstitutionally vague, overbroad, or beyond the scope of the State's police power?

We first consider the Wilsons' arguments that K.S.A. 21-3608(a) is unconstitutionally vague, overbroad, and beyond the scope of the State's police power on its face and as applied to the facts of this case. The constitutionality of a statute is a question of law over which this court exercises unlimited review. Lemuz v. Fieser, 261 Kan. 936, Syl. ¶ 1, 933 P.2d 134 (1997). In Peden v. Kansas Dept. of Revenue, 261 Kan. 239, Syl. ¶ 2, 930 P.2d 1 (1996), cert. denied 137 L. Ed.2d 1029 (1997), we stated the manner in which we view constitutional issues:

"A statute is presumed constitutional and all doubts must be resolved in favor of its validity. If there is any reasonable way to construe a statute as constitutionally valid, the court must do so. A statute must clearly violate the constitution before it may be struck down. This court not only has the authority, but also the duty, to construe a statute in such a manner that it is constitutional if the same can be done within the apparent intent of the legislature in passing the statute."

The Wilsons were convicted under K.S.A. 21-3608(a), which states:

"Endangering a child is intentionally and unreasonably causing or permitting a child under the age of 18 years to be placed in a situation in which the child's life, body or health may be injured or endangered."

Subsection (b) states a child is not endangered solely because the child's parent or guardian relies in good faith on spiritual healing for the treatment or cure of disease. Subsection (c) makes the crime of endangering a child a class A person misdemeanor.

The Wilsons' contention that K.S.A. 21-3608(a) is unconstitutionally vague is based on our holding in State v. Kirby, 222 Kan. 1, 563 P.2d 408 (1977), that the term "endangering of...