Straker v. State, A03A0627.
| Decision Date | 26 February 2003 |
| Docket Number | No. A03A0627.,A03A0627. |
| Parties | STRAKER v. The STATE. |
| Court | Georgia Court of Appeals |
OPINION TEXT STARTS HERE
Frederick M. Scherma, for appellant.
Patrick H. Head, Dist. Atty., Amy H. McChesney, Eleanor A. Dixon, Asst. Dist. Attys., for appellee.
A jury found Angela Straker guilty of two counts of cruelty to children in the first degree. Straker contends the evidence was insufficient to support her convictions. We find sufficient evidence and affirm Straker's convictions.
Viewed in a light most favorable to support the jury's verdict, the evidence shows that in 1994, Straker's former husband shot her in the head. Straker's daughter, who was seven years old at the time, was placed in foster care. Approximately two years later, Straker regained custody of her daughter. Because of Straker's motor impairments, her daughter reluctantly assumed adult responsibilities and would sometimes run from Straker to avoid household chores. On one occasion, to enforce compliance, Straker yanked her daughter's hair, pulling out strands, and slapped her daughter's face using the back of her hand, on which she wore a large ring. Straker's daughter testified that she thought her nose was broken. The record also contains conflicting testimony regarding Straker's use of a wooden spoon to discipline her daughter.
In November 1997, Scott Rozar moved into Straker's house as her live-in boyfriend. During the few months that he lived there, Rozar molested Straker's daughter. Straker's daughter reported that Rozar kissed her, touched her vagina with his hands, tongue, and penis, and inserted his penis into her vagina. In fact, Straker actually caught Rozar in her daughter's bed on one occasion. Although her daughter told Straker "everything" about Rozar's actions, Straker took no steps to protect her daughter. Instead, Straker told her daughter not to tell anyone, and Rozar continued to sexually assault Straker's daughter. When Straker's older daughter found out about the molestation and tried to take the younger daughter to the police, Straker attempted to stop her daughters from going to the police.
The foster mother who took care of Straker's daughter while Straker was recovering from the head injury testified that Straker called her and admitted that she knew Rozar had molested her daughter, but decided not to tell anyone so they could keep the family together. Straker subsequently called the foster mother and tried to convince her to change her testimony and not tell anyone about Straker's previous admission.
When initially questioned by the police, Straker gave them Rozar's name, but would not provide any other information about him. In addition, Straker initially denied any knowledge of sexual abuse by Rozar. Later, however, Straker confessed that she knew Rozar "pinched" her daughter on her private area while she was in the shower and "pinched" her daughter's breasts, which she described as a "titty-twister." Subsequently, during a taped telephone conversation, Straker admitted she had known extensive details about her daughter's molestation for some time.
Straker asserts the evidence is not sufficient to support her convictions of two counts of cruelty to children in the first degree. We disagree. OCGA § 16-5-70(b) provides: "Any person commits the offense of cruelty to children in the first degree when such person maliciously causes a child under the age of 18 cruel or excessive physical or mental pain." The evidence was sufficient for a rational trier of fact to find Straker guilty beyond a reasonable doubt of both counts of cruelty to children in the first degree.
a. Count 8 in the indictment alleged that Straker unlawfully and maliciously caused her daughter cruel and excessive physical and mental pain "by chasing the child, by pulling the child's hair, by refusing to take the child for medical attention,...
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