Martinez v. State
Martinez v. State
Opinion of the Court
[¶1] A jury found Appellant, Miguel Alberto "Michelle" Martinez (Ms. Martinez),
ISSUES
[¶2] Ms. Martinez presents two issues, which we rephrase as follows:
I. Did the district court err when it denied Ms. Martinez's motion for judgment of acquittal on both counts?
II. Did the district court err when it denied the admission of character evidence of the alleged victim?
FACTS
[¶3] On March 23, 2017, CM's mother, Amber Freudenstein, invited several friends over to her Casper home, including Ms. Martinez, Jamie Brown, and Andrea Pead. While Ms. Freudenstein's ten-year-old daughter, CM, was at school, the group visited, listened to music, and everyone except Ms. Pead drank alcohol. During this time, Ms. Martinez consumed between one and three pints *496of rum, and was noticeably "buzzed" and "being goofy."
[¶4] Around 6:30 p.m., Ms. Martinez went to the only bathroom in the residence, which was located upstairs.
[¶5] Around 7:00 p.m., Cetera Moore arrived to pick up Ms. Martinez. Ms. Moore's eight-year-old son came into the apartment and attempted to use the bathroom, but it was locked; he went back downstairs. Shortly thereafter, Ms. Martinez came downstairs and left with Ms. Moore and her son to go to Walmart.
[¶6] Once Ms. Martinez was gone, CM told her mother about the incident. CM told her mother Ms. Martinez went into CM's bedroom, cuffed her hand over her mouth, dragged her into the bathroom, grabbed her chest, right breast area, and stuck Ms. Martinez's penis in her. Ms. Freudenstein testified CM was crying, upset, and hysterical. Ms. Freudenstein also described CM as "scared [be]cause she didn't want Michelle to find out."
[¶7] Around 7:34 p.m., Ms. Freudenstein called Ms. Moore and asked her to bring Ms. Martinez back so she could speak with her. Ms. Moore and Ms. Martinez returned to the apartment as requested and a heated confrontation ensued. Ms. Martinez eventually left with Ms. Moore and Ms. Freudenstein called the police.
[¶8] Law enforcement responded around 9:15 p.m. Officer Paschke obtained a brief statement from CM, who was still visibly upset. CM told the officer that "her parents' friend, Michelle, but she's a boy, requested that she go into the bathroom and then, at that point, had touched her" and CM pointed to her chest. She also said Ms. Martinez "put it inside" as she pointed down. When the officer asked CM whether "it" referred to Ms. Martinez's penis, CM "nodded yes," "began crying," and stated that "it hurt inside." At that point, Officer Paschke stopped his questioning, requested Ms. Freudenstein take CM to the hospital for a sexual assault examination, and followed them to the hospital.
[¶9] A nurse began the examination shortly after 10:30 p.m. At trial, the nurse testified CM informed her that after dinnertime, "someone did something to her private spot" and pointed to her breast and female genitalia. CM stated she kicked Ms. Martinez. CM also complained of pain in her genital area. When asked why she had pain there, CM said she had a "dingdong" stuck into her. The nurse noted CM urinated before the exam, because urination can wash away evidence, *497but that CM had not bathed, washed or defecated. CM did not know whether Ms. Martinez ejaculated, and CM did not report any anal penetration.
[¶10] The nurse further testified that she examined CM, took photographs, gathered DNA evidence, and took CM's clothes for further testing. During the sexual assault examination, the nurse noted redness on the entire perimeter of the labia majora and redness and an abrasion, caused by friction, at the junction of the hymen and the labia minora on both sides. Pictures of the injuries were displayed for the jury. The nurse also noted brown, "fecal-appearing material" from CM's perineum to "way up the back of her butt," but she did not take any samples of the material. Although the nurse would not speculate on time, she believed the redness and abrasions were relatively recent because the vaginal structure heals fairly quickly from minor injuries. The nurse testified that her physical findings were consistent with CM's report of the incident.
[¶11] Meanwhile, law enforcement officers located Ms. Martinez at Ms. Moore's home shortly before 10:00 p.m. Ms. Martinez was fully clothed and passed out on the couch. After waking Ms. Martinez up with a sternum rub, officers permitted her to use the bathroom and put on shoes before they left for the police station. Due to Ms. Martinez's blood alcohol level of .218, officers allowed her to sleep before conducting an interview. Ms. Martinez slept for a few hours, after which, officers videotaped their interview of Ms. Martinez, gathered DNA evidence, and obtained her clothing. During this process, the officers asked Ms. Martinez to "untuck" her penis so that it could be swabbed. The officers noticed a "yellow, frothy" material that they thought was fecal matter on Ms. Martinez's penis.
[¶12] The next morning, a forensic interviewer with Children's Advocacy Project in Casper interviewed CM for approximately an hour. The State played the recorded interview for the jury. During the interview, CM stated that Ms. Martinez touched her "chest up top" and stuck Ms. Martinez's "dingdong" all the way in her "crotch" and "it hurt really bad." CM stated both she and Ms. Martinez were standing up and the front of Ms. Martinez's legs were touching the front of CM's legs. CM further stated Ms. Martinez's "dingdong" went in her "crotch" more than one time and she made a motion consistent with repeated penetration with one of her hands.
[¶13] The State charged Ms. Martinez with sexual abuse of a minor in the first degree for penetrating CM with Ms. Martinez's penis and sexual abuse of a minor in the second degree for touching CM's chest. Ms. Martinez pled not guilty to both charges. The case proceeded to trial, which began on October 16, 2017. During opening statements, defense counsel referenced evidence that CM made "two prior false accusations." The State objected, and the district court heard arguments outside the presence of the jury as to the potential character evidence of the victim. The district court ultimately denied admission of the evidence.
[¶14] After the prosecution rested, the defense moved for judgments of acquittal on both charges contending the State did not meet its burden as to the requisite intention for the elements of sexual intrusion or sexual contact. The defense also argued the State's evidence was insufficient because no DNA evidence linked Ms. Martinez to the victim, and the nurse who examined CM could not identify the cause of her injuries. The court denied the motion. The defense rested after Ms. Martinez declined to testify. The jury returned guilty verdicts on both charges.
[¶15] Defense counsel moved for a new trial on November 2, 2017, claiming the district court erred when it denied admission of the proffered character evidence of the victim. The district court denied the motion for the same reasons it gave at trial.
[¶16] On January 29, 2018, the district court sentenced Ms. Martinez to 30 to 45 years imprisonment for the first-degree charge, and 15 to 20 years of imprisonment for the second-degree charge. The court ordered the sentences to run concurrently and gave 307 days credit for presentence confinement. Ms. Martinez filed a notice of appeal two days later.
*498DISCUSSION
I. Did the district court err when it denied Ms. Martinez's motion for judgment of acquittal on both counts?
[¶17] Ms. Martinez asserts the district court erred when it denied her motion for judgment of acquittal, contending the State presented insufficient evidence to establish sexual intrusion and sexual contact.
[¶18] We review a motion for judgment of acquittal in the same light as the district court and apply the same standard as that used when an appeal claims insufficient evidence to convict. Foltz v. State ,
A. Credibility of CM's Allegations/Lack of Corroborating Evidence
[¶19] Ms. Martinez asserts CM's allegations lack credibility because her version of the events would require the jury to ignore her mother's testimony that CM was on the couch at roughly the same time as Ms. Martinez went upstairs to the bathroom, and ignore Ms. Brown's testimony that Ms. Martinez barged into the bathroom when Ms. Brown was there at approximately 6:30 to 7:00 p.m. - shortly before Ms. Martinez left with Ms. Moore. In other words, Ms. Martinez claims that CM would have been in the bathroom at approximately the same time as Ms. Brown if Ms. Brown's story were true.
[¶20] Ms. Martinez further challenges CM's allegations because it is incredible that Ms. Martinez went into the bathroom when CM was already there, removed her own two pairs of underwear, placed her penis into CM's genitals until it reached CM's perineum without causing any irritation or redness to the perineum or buttocks, removed her penis without smearing any fecal matter on CM's genitals, got dressed, and left the residence without transferring any skin or other cells on either Ms. Martinez's clothing or CM's clothing. Ms. Martinez also argues that aside from ambiguous evidence about redness and abrasions on the "more external parts of CM's genitals," no physical evidence exists whatsoever to support CM's claims of sexual intrusion or the touching of her chest. More particularly, Ms. Martinez asserts DNA evidence should have been found on CM's body if " 'friction' had caused 'abrasions' to CM's genitals."
[¶21] Ms. Martinez ignores our standard of review. As noted above, in evaluating the sufficiency of the evidence to support her convictions, we accept the State's evidence as true and respect the role of the fact-finder to weigh the credibility of the respective witnesses. Foltz , ¶ 10,
[¶22] Ms. Martinez's complaints regarding the lack of DNA or other corroborating evidence similarly lack merit. Wyoming law does not require corroborating evidence to establish sexual intrusion.
*499Nonetheless, the State presented evidence at trial explaining that the lack of DNA evidence was not unusual in this case because such evidence "is typically fragile" and everyday activities such as putting on and removing clothing, wiping, and using the bathroom can remove DNA. CM used the bathroom before her examination; Ms. Martinez used the bathroom at Walmart and before the officers escorted her to the police station. Moreover, the State did present corroborating evidence, including photographs depicting the injuries to CM's labia majora and labia minora, which injuries appeared to have "happened fairly recent." The examining nurse testified her physical findings were consistent with CM's report of the incident. This evidence was sufficient to support the jury's verdict.
[¶23] Finally, while fecal matter was found on Ms. Martinez's penis and CM's perineum and buttocks, the material was not tested to determine if the substance was the same on both CM and Ms. Martinez. There is no evidence regarding when the fecal matter appeared on CM's body. The evidence also does not explain when the fecal matter appeared on Ms. Martinez's penis. The jury, therefore, could reasonably have concluded that the lack of fecal matter on or in CM's genitalia did not create a reasonable doubt as to Ms. Martinez's guilt.
B. Lack of Evidence of Sexual Arousal, Gratification, or Abuse
[¶24] Ms. Martinez asserts the State failed to provide any evidence to support a finding that the sexual intrusion and sexual contact was done for sexual arousal, gratification, or abuse, which Ms. Martinez claims is a required element for both offenses under
[¶25] We first note that Ms. Martinez misreads the elements required for sexual intrusion under the facts of this case. "Sexual intrusion" is defined as:
(A) Any intrusion, however slight, by any object or any part of a person's body, except the mouth, tongue or penis , into the genital or anal opening of another person's body if that sexual intrusion can reasonably be construed as being for the purposes of sexual arousal, gratification or abuse; or
(B) Sexual intercourse , cunnilingus, fellatio, analingus or anal intercourse with or without emission.
[¶26] Ms. Martinez is correct, however, that specific intent is required to support a conviction for sexual contact. "Sexual contact" is defined as "touching, with the intention of sexual arousal, gratification or abuse , of the victim's intimate parts by the actor, or of the actor's intimate parts by the victim, or of the clothing covering the immediate area of the victim's or actor's intimate parts[.]"
[¶27] Looking at indicia of specific intent in this case, CM testified that when the two were alone in the bathroom, and CM was only partially clothed, Ms. Martinez rubbed CM's right breast/chest area with her hand and then placed Ms. Martinez's penis in CM's genitalia repeatedly. Thereafter, Ms. Martinez told CM to "keep it a secret" and left the bathroom. Rational jurors could reasonably conclude from this evidence that Ms. Martinez touched CM for sexual arousal or gratification. See, e.g. , Jones , ¶ 35,
II. Did the district court err when it denied the admission of character evidence of the alleged victim?
[¶28] Ms. Martinez asserts the district court erred when it precluded her from presenting character evidence pertaining to CM and claims the error was prejudicial. At trial, Ms. Martinez desired to present evidence concerning two "reports" of abuse involving CM. Ms. Martinez concedes the first of those reports is inadmissible under Wyoming's rape shield statute,
[¶29] We review evidentiary rulings for an abuse of discretion and give considerable deference to those rulings. See Cardenas v. State ,
[¶30] Defense counsel informed the jury during opening statements that it would hear evidence about CM's "prior false accusations." The State objected, and the district court held a bench conference. Pertinent to this appeal, defense counsel explained his desire to introduce Ms. Freudenstein's statement that CM made a false allegation of physical abuse against CM's stepfather, which was deemed unsubstantiated after the Department of Family Services (DFS) investigated. The district court heard brief arguments on the issue, but suggested the matter be addressed further after opening statements concluded.
[¶31] Later in the proceedings, defense counsel informed the district court he intended to introduce CM's prior allegation of physical abuse through Ms. Freudenstein, or possibly *501CM or Mr. Apel. He explained the evidence would come in "under their character for truthfulness especially under the victim's and then potentially impeachment or extrinsic evidence of that," and that the evidence was "probative as to the character of the victim." The State argued Ms. Freudenstein's statement was inadmissible because (1) it was based on hearsay and not personal knowledge, (2) CM's allegation of abuse was not a "false statement" simply because it was "unsubstantiated," (3) the statement lacked relevance, (4) the statement had little or no probative value, and (5) defense counsel failed to provide notice as required by the rape shield statute.
[¶32] The district court ruled that the rape shield statute covered the statement, noted that defense counsel had not complied with the statute's notice requirements, and sustained the State's objection to the proposed evidence on that basis.
[¶33] On direct examination, Ms. Freudenstein testified she spoke to an officer during the investigation of CM's sexual assault case and informed him that she was aware of, but did not believe, a prior allegation CM made that her stepfather hit her while Ms. Freudenstein was working. Ms. Freudenstein testified that "CPS" spoke to her, Mr. Apel, and CM about the incident and determined it was not true.
[¶34] After hearing Ms. Freudenstein's testimony and further arguments from counsel, the district court ruled the evidence was inadmissible on three separate grounds: (1) the evidence fell under the purview of rape shield statute and was inadmissible because CM did not recant the allegation, (2) the evidence lacked probative value because "unsubstantiated" does not mean "false," and (3) Ms. Freudenstein's testimony was hearsay without reference to a valid exception. For each of those independent reasons, the court would not permit the defense to cross-examine Ms. Freudenstein about CM's alleged false report of physical abuse.
[¶35] Although the district court initially ruled the evidence was inadmissible under Wyoming's rape shield statute, we need not reach that issue because the proffered evidence is otherwise inadmissible due to Ms. Freudenstein's demonstrated lack of clarity and personal knowledge, and the negligible probative value of a single, unsubstantiated physical abuse accusation. As the district court observed, CM's unsubstantiated allegation is simply not probative of a predisposition to lie. W.R.E. 403, 404(a), 405, 608. DFS never concluded that CM lied; rather, *502DFS concluded that CM's physical abuse accusation was unsubstantiated, which meant it was "not supported by a preponderance of the evidence."
[¶36] In sum, Ms. Freudenstein's proffered testimony related to a specific instance wherein she claimed CM made a false allegation of physical abuse. Ms. Freudenstein's testimony was based largely on hearsay and not on personal knowledge, was not in the form of opinion or reputation, and wholly failed to demonstrate a "generalized" character trait for untruthfulness, and, for all these reasons was not admissible under W.R.E. 403, 404, 405, 602, 608, and 802. See Gruwell , ¶ 31,
CONCLUSION
[¶37] The record contains sufficient evidence to sustain Ms. Martinez's convictions for sexual abuse of a minor in the first and second degree. We also conclude the district court did not err when it ruled the defense's proffered character evidence was inadmissible. We therefore affirm the Judgment and Sentence.
Appellant is a transgender individual who identifies as a female.
Ms. Brown testified she went to use the bathroom around 6:30 or 7:00 p.m. and, while doing so, Ms. Martinez walked in without knocking. Ms. Brown stated she left, went back downstairs, and Ms. Moore arrived shortly thereafter to pick up Ms. Martinez.
Surveillance footage shows Ms. Martinez entered the store at 7:30 p.m. She picked up some medication from the pharmacy, used the bathroom, and left approximately 20 minutes later.
We also have repeatedly held that "sexual intercourse is accomplished in a legal sense if there is the slightest penetration of the genital organs of the female by the sexual organ of the male." Pryor v. State ,
"Intimate parts" is defined as "the external genitalia, perineum, anus or pubes of any person or the breast of a female person [.]"
When a defendant desires to introduce evidence of a victim's prior sexual conduct, or reputation or opinion evidence as to her character, the rape shield statute requires the defendant to file a motion with the trial court no less than ten days prior to trial and make an offer of proof establishing the relevance and admissibility of the evidence by affidavit.
Ms. Freudenstein referred to DFS as 'CPS' throughout her testimony.
Reference
- Full Case Name
- Miguel Alberto MARTINEZ, a/k/a Michelle Martinez, (Defendant) v. The STATE of Wyoming, (Plaintiff).
- Cited By
- 8 cases
- Status
- Published