from the Circuit Court of Caldwell County, Missouri The
Honorable Richard Brent Elliott, Judge
Division Three: Alok Ahuja, P.J., Victor C. Howard, and James
Edward Welsh, JJ.
Edward Welsh, Judge
Simmons appeals the circuit court's judgment following a
jury trial convicting him of first-degree statutory sodomy.
November 2014, the State charged Simmons with first-degree
statutory sodomy (§ 566.062, RSMo) for subjecting
his five-year-old great-granddaughter
("Victim") to deviate sexual intercourse during the
time period of August 2013-August 2014.
case was tried before a jury in April of 2015. The
State's witnesses were the Victim and her brother,
mother, father, and stepmother, an officer who investigated
the case, and a Child Advocacy Center interviewer.
Simmons' witnesses consisted of two of his daughters
(including the Victim's grandmother), a granddaughter,
his medical doctor, and himself.
in the light most favorable to the verdict,  the evidence
showed that, during the period in question, Victim was four
and five years old, having turned five in September of 2013.
At that time, Victim was in the custody of her grandmother
("Grandmother"), who is Simmons' daughter and
the mother of Victim's father. The evidence further
showed that, although Grandmother had custody of Victim,
Victim slept next door at Simmons' house.
2014, Victim's father ("Father") and stepmother
("Stepmother") regained custody of
Victim. They soon discovered that Victim was
"touching other people inappropriately" and
"doing things to other children, " including at
school. She was "always looking through the
bathroom" trying to "catch the boys when they were
in the shower without any clothes on" and "doing a
lot of kissing" of boys. She reportedly had kissed
multiple male cousins (sometimes with her tongue out),
including one with whom "she [tried] to get under the
[bedroom] covers." When Father asked Victim about her
actions, her answer revealed the abuse by Simmons.
told Father, in the presence of Stepmother, that "she
had popped a pimple and played with his balls, my grandpa,
" referring to Simmons. Victim also told Stepmother that
"bad things had happened to her" with Simmons,
"that she would have to rub his balls and sometimes his
wiener" and that they would "pop the pimple."
Victim explained, in response to Stepmother's quizzical
expression, "[y]ou know, that white/yellow stuff
sometimes that comes out."
and Stepmother contacted the Sheriff's Department.
According to Sergeant Tony Kirkendoll, Father called the
department and stated that Victim "had said some things
to him and [Stepmother] that were alarming to him."
Kirkendoll and another officer went to Father's home to
investigate, and Father and Stepmother related Victim's
allegations about Simmons. After hearing the allegations, the
officers arranged for Victim and her older brother
("Brother") to be interviewed at the Children's
Advocacy Center ("CAC").
the officers left, Stepmother called Victim's mother
("Mother") to tell her what Victim had told them.
Mother testified that, when she later talked to Victim about
the matter, Victim told her the same things that she had told
Father, using the same explicit language. Victim told Mother
that she had not mentioned the incidents because she did not
want Mother to be mad at her. Mother told the jury that
Simmons "definitely" showed favoritism toward
Victim, in that he gave her gifts and money, and she was
"never really allowed to get in trouble, per
CAC interview, Victim disclosed that "every day and
every night" (specifically, every day when she woke up)
Simmons forced her to rub his "wiener" and/or
"nuts" (genitalia) with her hands and "pop the
pimple, " which caused "white stuff" to come
out in the shape of a "rainbow." She said that
Simmons made her wipe the white stuff on her pants. The
interviewer testified that she believed Victim "was
talking about ejaculation." Victim demonstrated to the
interviewer how Simmons' sex organs would change shape
when she rubbed him. Victim described Simmons'
"nuts" as looking and feeling like a ball of water.
She also stated that she had to touch Simmons' genitals
with a towel and "wiggle it around." Victim told
the interviewer that Simmons tried to touch her genitals and
"butt" and tried to put something long, pink, and
plastic in her "butt." Victim said that, when
Simmons gave her a bath, he would touch her "bad
spot" (her genital area) with his hand during the bath
and while drying her off. Victim also stated that Simmons had
threatened to shoot her or call the police and have her put
in jail if she refused to perform these sex acts.
testified at trial about the sexual abuse. The prosecution
asked Victim what would happen in Simmons' room, and she
responded, "He would make me rub his wiener, " his
"bad spot." She stated that this happened
"every day and every night, " and that, when she
told Simmons that she did not want to do these things, he
responded, "get over here or I'll give you the
belt." Victim ...