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06/08/83 STATE MISSOURI v. PATRICK EDWARD TRIMBLE

June 8, 1983

STATE OF MISSOURI, PLAINTIFF-RESPONDENT,
v.
PATRICK EDWARD TRIMBLE, DEFENDANT-APPELLANT.



From the Circuit Court of Phelps County; Criminal Appeal; Judge Eugene E. Northern.

Motion for Rehearing Overruled, Transfer Denied July 12, 1983. Application Denied August 16, 1983.

Before Maus, P.j., Hogan, J., Billings, Sp.J.

The opinion of the court was delivered by: Hogan

Upon change of venue from St. Charles County to Phelps County, a jury found defendant Patrick Edward Trimble guilty of two counts of kidnapping as defined by § 565.110, RSMo 1978, *fn1 four counts of sodomy as defined by § 566.060, one count of rape as defined by § 566.030 and one count of sexual abuse in the first degree as defined by § 566.010. The jury assessed his punishment at seven terms of imprisonment for fifteen (15) years and one term of imprisonment for five (5) years. The trial court ordered that all the sentences be served consecutively. Defendant appeals.

The offenses charged were committed upon the bodies of two female children about 9 years of age in a marshy, wooded area northwest of the City of St. Charles in St. Charles County. One of the victims was raped; she was born October 13, 1969, and we shall refer to her as the younger child. The other victim was born September 16, 1969; she will be referred to as the older child. Having had verdicts upon each count, the State is entitled to have this court accept as true all evidence, direct or circumstantial, and all reasonable inferences therefrom which tend to support those verdicts, disregarding those parts of the record contrary to the findings of guilt. State v. Turner, 623 S.W.2d 4, 6[1] (Mo. banc 1981). So stated and taken, the depressing background facts of this appeal are: During the early evening of June 13, 1979, the two female children were playing in a wooded ravine alongside Ehlmann Road near its intersection with Essex Street northwest of St. Charles. They were trying to get a rope out of one of the trees in the ravine. Presently the defendant appeared, got the rope out of the tree and, for a short time, engaged in the children's play. Defendant demonstrated his skill at tying knots; finally he tied the rope tightly around one child's left wrist and the other's right wrist. Seizing the middle of the rope, defendant "pulled [the children] up through the woods" to a gravel road where his automobile was parked. The girls were told not to "cry or scream and get in the car."

The children got in the back seat of defendant's four-door sedan. Defendant drove a short distance to a wooded area the girls could not identify. The children were instructed to disrobe and get out of the car. They started to comply, but another automobile "drove by" and the girls were told to get back in the automobile. They did so and were driven to a more remote area just off Hayford, or Hayford Bridge Road, northwest of St. Charles.

The defendant then got out of the car, opened the back door and took the children into a brushy area adjacent to the place where he had parked his vehicle. Defendant then ordered the children to remove the rest of their clothing and he assisted in removing their underwear.

The girls were seated on a log. The defendant "unzipped his pants," explosing his genitals. The younger child described her ordeal on direct examination as follows:

Q. After you -- after your clothes were off, then what did he do?

A. Kissed me.

Q. And where did he kiss you at?

A. Lips and breast.

Q. Okay. And what -- what did he kiss you with on the breast?

A. Lips.

Q. Okay . . . what happened then?

A. . . . Made us suck on his penis.

Q. And how did he make you suck on his penis? What did he do with his penis?

A. Just stood there and told us to do it.

Q. Okay. And where did he put it?

A. In our mouth.

This witness was then taken "back to the car." She further testified:

Q. When you got back to the car, what happened then . . .?

A. Then he told me to get on the ground.

Q. Then when he told you to get on the ground, what happened?

A. Licked me between the legs.

Q. He did?

A. Licked me between the legs.

Q. Okay. And where at between the legs, the front or the back?

A. The front.

Q. Okay. And what did he lick you with?

A. His tongue.

Q. Okay. After he did that, what ...


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