Preview:

No. 95-342 IN THE SUPREME COURT OF THE STATE OF MONTANA 1999 MT 249

STATE OF MONTANA, Plaintiff and Respondent:

ROCKY BRIAN GOODING, Defendant and Appellant.

APPEAL FROM:

District Court of the Nineteenth Judicial District, In and for the County of Lincoln, The Honorable Robert S. Keller, Judge presiding.

COUNSEL OF RECORD: For Appellant: Ann C. German, Attorney at Law; Libby, Montana For Respondent: Hon. Joseph P. Mazurek, Attorney General; Carol Schmidt, Assistant Attorney General; Helena, Montana Bernie Cassidy, Lincoln County Attorney; Libby, Montana

Submitted on Briefs: April 8,1999 Decided: October 21, 1999 Filed:

Justice Jim Regnier delivered the opinion of the Court. 71 This is an appeal from the Nineteenth Judicial District Court, Lincoln County. On

February 1, 1995, a jury found Defendant Rockey Brian Gooding guilty of felony sexual assault and felony sexual intercourse without consent. On June 20, 1995, the District Court entered judgment against Gooding. Gooding appeals from this judgment and certain evidentiary rulings. We affirm.
72

Gooding's appeal raises the following issue: Did the District Court abuse its discretion by allowing the State to present the

ll3

testimony of Tina Glover concerning statements made by Gooding? FACTUAL BACKGROUND 14 On July 22, 1994, the Deputy County Attorney for Lincoln County, Montana, filed

an Information with the Nineteenth Judicial District Court charging Gooding with felony sexual assault, in violation of 3 45-5-502, MCA. The State alleged that between 1987 and 1990, Gooding touched G.T.`s breasts and vagina and made her touch his penis. G.T. was born January 9, 1981 and was, at the time ofthe alleged incidents, Gooding's stepdaughter. On August 15, 1994, Gooding pled not guilty to the charge. A trial date was set for January 3 1, 1995. Subsequently, the court granted the State leave to amend the Information. On January 23, 1995, the State filed an Amended Information charging that, in addition to the original sexual assault charge, Gooding committed the offense of felony sexual intercourse without consent, in violation of 5 45-5-503, MCA, or, in the alternative, the

2

offense of felony attempt, in violation of 3 45-4-103, MCA. The State alleged that Gooding "engaged in or tried to engage in sexual intercourse" with G.T. 75 From 1984 to 1990 Gooding lived in Libby, Montana with Debra Lundin, his wife at

the time, and four of her children from a previous marriage. Debra was employed by the Libby Care Center and Gooding stayed home with the children while she was at work. Gooding also ran a horse logging operation in the Big Creek area near Libby with the help of his wife, stepchildren, and his half-brother, Paul Boothman. The State alleged that Gooding sexually molested G.T. in his home, while Debra was at work, and at the horse logging operation.
16

The family moved to Spokane in 1990. Sometime after the move to Spokane, the

family began attending the Sunrise Church of Christ. In approximately March 1993 Gooding began confiding with two members of the church, Gerald and Tina Glover, about prior acts of sexual molestation with G.T. At the time of these meetings, Gerald Glover was a nonordained deacon in charge of the church's food and clothing bank. Tina Glover, Gerald Glover's wife, did not hold an official church position. 77 The first meeting between Gerald Glover and Gooding occurred at the church. In

Gooding sought the help of a junior minister and Gerald Glover sat in on their meeting.

the following months, Gooding met with Gerald and Tina Glover in their home to discuss his problems associated with his conduct toward his stepdaughter. Gerald and Tina were both

3

present for some of these meetings. However, Goading would talk to Tina alone when

Gerald wasn't available. ll8 In December 1994 Detective D. A. Routt ofthe Spokane County Sheriffs Department

interviewed Gerald and Tina Glover during an investigation into Gooding's relationship with his stepdaughter. The Glovers informed Detective Routt that Gooding had revealed to them that he had sexually molested his stepdaughter while in Montana. Detective Routt relayed this information in a letter to the Lincoln County Sheriffs Department. On January 19, 1995, the State moved to add Gerald and Tina Glover as additional witnesses. The State also submitted a notice of intent to depose Gerald and Tina Glover because the Glovers would not be able to attend Gooding's trial. After a hearing, and without objections from Gooding, the court granted the State's motions. 79 On January 26, 1995, the State deposed Tina and Gerald Glover. Gooding filed a

motion in limine the following day requesting the court to exclude from trial the deposition testimony of both Tina and Gerald Glover because statements made to them by Gooding were privileged under 3 26-l-804, MCA, the "clergy-penitent privilege." The motion was briefed by both sides. The court held a hearing on Gooding's motion in limine and denied his motion to exclude the testimony of Tina and Gerald Glover. The District Court went on record to state that it was denying Gooding's motion because neither Tina nor Gerald met the standard of the statute.

4

l[lO

A jury trial was held on January 31 and February 1, 1995. During the trial, the State

offered and read Tina Glover's deposition to the jury. The State did not offer the deposition of Gerald Glover. The jury returned verdicts of guilty on the charges of sexual assault and sexual intercourse without consent. On June 20,1995, the District Court entered its Sentence

and Judgment. The District Court sentenced Gooding to imprisonment in the Montana State Prison for a term of 20 years with 10 years suspended for the crime of sexual intercourse without consent, and for a term of 10 years with 5 years suspended for the crime of sexual assault, the sentences to run consecutively. Gooding appeals from this judgment and certain evidentiary rulings. STANDARD OF REVIEW 111 We review a district court's evidentiary rulings to determine whether the district court

abused its discretion. State v. MacKinnon, 1998 MT 78,rj12,288 Mont. 329,712,957 P.2d 23,112. A district court has broad discretion to determine whether evidence is relevant and admissible. MacKinnon, 712. Absent a showing of abuse of discretion, we will not overturn a court's evidentiary determination. MacKinnon, 112. DISCUSSION 112 Did the District Court abuse its discretion by allowing the State to present the

testimony of Tina Glover concerning statements made by Gooding? 713 On January 19, 1995, the State moved to add Gerald and Tina Glover as additional

witnesses and noticed their depositions. Gooding did not object and the court granted the

5

State's motions. On January 26, 1995, the State deposed both Gerald and Tina Glover. Gooding filed a motion in limine the following day requesting the court to exclude from trial the deposition testimony of both Gerald and Tina based on 5 26-l-804, MCA, the clergypenitent privilege. On January 30, 1995, the District Court held a hearing on Gooding's motion in limine. The court ruled that Gooding's initial statements to Gerald and a junior minister were not privileged under

Download 29b2d766-3077-4c65-9495-8e67810214bd.pdf

Montana Law