State v. Beekman
State v. Beekman
Opinion of the Court
Petitioner Richard Burton Beekman was convicted of committing first-degree criminal sexual conduct (CSC) with a minor on his stepson (Stepson) and a lewd act upon a child on his stepdaughter (Stepdaughter). We granted a writ of certiorari to review the court of appeals’ decision affirming the trial court’s denial of Beekman’s motion to sever the charges. We affirm.
I.
In June 2006, Beekman married Mother, who shared joint custody of Stepdaughter and Stepson with her ex-husband. On July 7, 2008, Stepdaughter reported to Mother that Beekman had sexually abused her. Mother took Stepdaughter to the children’s grandmother’s house for the night, and she and Stepson moved there the next day. At the grandmother’s house, Stepson began acting out — scratching his skin, banging his head, hyperventilating, and drawing pictures of Beekman dying. Eventually, a cousin came over to talk to Stepson, and he disclosed to her that he had also been sexually abused by Beekman.
Beekman was subsequently charged with committing CSC on Stepson and a lewd act on Stepdaughter. The State sought
The case proceeded to trial. Stepdaughter testified that on the evening of July 6, 2008,
Stepson also testified that, on two separate occasions within an eight-month period,
After disclosing the abuse, Stepson was examined by Dr. Nancy Henderson, the head of Greenville Hospital System’s section on child abuse and neglect and a physician board-certified in child abuse pediatrics. Dr. Henderson testified that Stepson informed her he had been touched on his genitals and that “someone had put his private part into [Stepson’s] bottom.” Although his rectal exam was normal and did not uncover any signs of scars or tearing, Dr. Henderson noted that ninety percent of children have normal exams even when there is a history of penetration.
Beekman appealed arguing, in part, that the trial court erred in denying his motion to sever the charges. The court of appeals affirmed. State v. Beekman, 405 S.C. 225, 746 S.E.2d 483 (Ct.App. 2013). We granted certiorari to review the court of appeals’ opinion.
Beekman argues the court of appeals erred in affirming the trial court’s denial of his motion to sever the charges because the crimes did not arise out of a single chain of circumstances and were not provable by the same evidence. Further, Beekman argues that trying the charges together unfairly prejudiced him because it allowed the jury to consider evidence the State would have been prevented from presenting in separate trials and likely created the impression in jurors’ minds that Beekman had a propensity to sexually abuse children. Therefore, according to Beekman, this Court should reverse his convictions and remand his case for separate trials. For the reasons discussed below, we disagree.
II.
“Charges can be joined in the same indictment and tried together where they (1) arise out of a single chain of circumstances, (2) are proved by the same evidence, (3) are of the same general nature, and (4) no real right of the defendant has been prejudiced.” State v. Tucker, 324 S.C. 155, 164, 478 S.E.2d 260, 265 (1996) (citing State v. Tate, 286 S.C. 462, 464, 334 S.E.2d 289, 290 (Ct.App. 1985)). “A motion for severance is addressed to the trial court and should not be disturbed unless an abuse of discretion is shown.” Id. (citing State v. Anderson, 318 S.C. 395, 398, 458 S.E.2d 56, 57-58 (Ct.App. 1995)).
III.
First, Beekman asserts the offenses did not arise from a single chain of circumstances. We disagree and, like the court of appeals, reject Beekman’s “restrictive reading of the phrase ‘a single chain of circumstances.’ ” Beekman, 405 S.C.
In other cases, even though the charges did not arise out of a single, isolated incident, this Court and the court of appeals have allowed joinder when the crimes “involv[ed] connected transactions closely related in kind, place, and character.” State v. Cutro, 365 S.C. 366, 374, 618 S.E.2d 890, 894 (2005) (footnote and citations omitted); see, e.g., id. at 373-75, 618 S.E.2d at 894-95 (finding no abuse of discretion in denying a motion to sever charges involving multiple victims of Shaken Baby Syndrome even though the charges stemmed from separate occurrences); Tucker, 324 S.C. at 163-65, 478 S.E.2d at 264-65 (permitting joinder of charges stemming from a multiday crime spree that included a murder and multiple break-ins); State v. McGaha, 404 S.C. 289, 291-99, 744 S.E.2d 602, 603-07 (Ct.App. 2013) (affirming, under facts almost identical to the present case, joinder of CSC with a minor and lewd act upon a child charges arising from the abuse of two sisters who were both abused by an individual in the same manner, in the same place, and during the same time frame); State v. Jones, 325 S.C. 310, 314-16, 479 S.E.2d 517, 519-20 (Ct.App. 1996) (finding no abuse of discretion in consolidating child sexual molestation charges, even though the charges concerned two victims, when the offenses “were of the same general nature” and arose from the same “pattern of sexual abuse”); see also City of Greenville v. Chapman, 210 S.C. 157, 161-62, 41 S.E.2d 865, 867 (1947) (explaining that courts should avoid the “inflexible application” of the rule that charges must arise out of the same set of circumstances to warrant joinder and noting that if “it does not appear that any real right of the defendant has been jeopardized, [then] it would be a refinement not demanded by the law or by justice to require in all instances a separate trial”). There can be no dispute that Beekman’s molestation of his two stepchildren “involv[ed] connected transactions closely related in kind, place, and character.” Cutro, 365 S.C. at 374, 618 S.E.2d at 894 (footnote omitted). Specifically, Beekman’s victims were siblings and the molestation occurred (1) at the same place — the -victims’ home; (2) over the same period of time — the eight-month period between
Beekman next argues that the molestation of each child was a distinct crime and that the two charges are not supported by the same evidence. Of course they are distinct crimes, but that in no manner diminishes the glaring similarities in Beekman molesting both of his stepchildren in the same place, over the same time period, and in a similar manner. Cf. Cutro, 365 S.C. at 369-75, 618 S.E.2d at 891-95 (affirming the trial court’s refusal to sever charges involving multiple victims where the appellant was charged with two counts of homicide by child abuse and one count of assault and battery, each of which involved incidents occurring at different times with different children). Indeed, Beekman acknowledges that testimony from many of the same witnesses would be used to prove both charges.
The fact that the State did not present the exact same testimony to prove the molestation of each stepchild is not dispositive in considering whether joinder of the charges was proper. Beekman advocates for a rule that strictly requires all charges be proved by completely identical evidence, a requirement nowhere to be found in our precedents requiring that the crimes be “proved by the same evidence.” See, e.g., Tucker, 324 S.C. at 164, 478 S.E.2d at 265 (citing Tate, 286 5.C. at 464, 334 S.E.2d at 290) (listing the joinder requirements).
For joinder of related offenses, our appellate courts have recognized that there may be evidence that is relevant to one or more, but not all, of the charges. Tucker is such an example. James Neil Tucker committed a murder and robbery; he subsequently broke into a church and a mobile home while on the run from police. Id. at 160-61, 478 S.E.2d at 263. This Court affirmed the denial of Tucker’s motion to sever the
IV.
We affirm the court of appeals in finding no abuse of discretion in the joinder of the charges, for the charges arose out of a single course of conduct, were of the same general nature, and were proved by the same evidence. Further, joinder did not prejudice any of Beekman’s substantial rights. See Tucker, 324 S.C. at 164, 478 S.E.2d at 265 (citing Tate, 286 S.C. at 464, 334 S.E.2d at 290). The decision of the court of appeals is affirmed.
AFFIRMED.
. Stepdaughter was twelve years old at the time.
. During this time, Stepson was eight years old.
Dissenting Opinion
I respectfully dissent. I would reverse the Court of Appeals’ decision to affirm the denial of Petitioner’s motion to sever his charges and remand for further proceedings.
“Charges can be joined in the same indictment and tried together where they (1) arise out of a single chain of circumstances, (2) are proved by the same evidence, (3) are of the same general nature, and (4) no real right of the defendant has been prejudiced.” State v. Tucker, 324 S.C. 155, 164, 478 S.E.2d 260, 265 (1996); State v. Smith, 322 S.C. 107, 109, 470 S.E.2d 364, 365 (1996)(“Where the offenses charged in separate indictments are of the same general nature involving connected transactions closely related in kind, place and character, the trial judge has the power, in his discretion, to order the indictments tried together if the defendant’s substantive rights would not be prejudiced.”). In order for charges to be
Petitioner was tried for one charge of criminal sexual conduct — first (CSC) of his stepson and one charge of lewd act on a minor, his stepdaughter. Petitioner moved to sever the charges, but his motion was denied by the trial court. The Court of Appeals affirmed, finding Petitioner “embarked upon a series of actions aimed at the sexual abuse of his two prepubescent stepchildren over the course of an eight month period.” The Court of Appeals found the facts that supported trying the charges in the same trial where: each alleged incident of abuse occurred in the family home; both victims are prepubescent siblings
As explained in Tucker, charges can be joined in the same indictment only when all four elements warranting a combined trial are present. Id. In my view, the charges do not arise out of a single chain of circumstances because there is no nexus between the crimes. Compare State v. Middleton, 288 S.C. 21, 339 S.E.2d 692 (1986) (reversing the consolidation of charges of murder of one victim on June 9th, murder of a second victim in a similar manner on June 10th, and an attempted robbery on June 11th because the crimes did not arise out of a single chain of circumstances); with Tucker, 324 S.C. 155, 478 S.E.2d 260 (holding consolidation of murder, kidnapping, armed robbery, possession of a weapon during a crime, burglary, and larceny charges was proper because the crimes arose during a single chain of circumstances when the burglaries were committed to avoid capture for the crimes
Additionally, the Court of Appeals erred by summarily concluding that each charge is provable by the same evidence without an analysis of the evidence advanced at trial. Although some testimony would be necessary to prove each charge, such as the testimony of the victims’ mother, in my view the evidence necessary to prove each charge is different. For example, the State played a forensic interview of stepson and presented testimony of the doctor that examined stepson as evidence of the CSC charge, and this evidence is not relevant to the alleged lewd act on stepdaughter.
Because all four elements required to join charges in the same trial are not present, it is my opinion that the Court of Appeals erred in affirming the denial of Petitioner’s motion to sever. Accordingly, I would find the trial judge abused his discretion in denying the motion to sever the charges, reverse the opinion of the Court of Appeals, and remand for further proceedings.
. Stepdaughter was twelve years old and stepson was eight years old at the time of the alleged abuse.
Reference
- Full Case Name
- The STATE, Respondent, v. Richard Burton BEEKMAN, Petitioner
- Cited By
- 12 cases
- Status
- Published