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State v. Hill-McAfee

Court of Appeals of Missouri, Eastern District, Second Division

June 20, 2017

STATE OF MISSOURI, Respondent,
v.
EVERETTE HILL-MCAFEE, Appellant.

         Appeal from the Circuit Court of the City of St. Louis Cause No. 1422-CR01200 Honorable Timothy J. Wilson

          Colleen Dolan, Judge

         I. Introduction

         Everette Hill-McAfee ("Defendant") appeals his convictions following a jury trial of first-degree statutory rape in violation of § 566.032 (Count I), first-degree statutory sodomy in violation of § 566.062 (Count II), second-degree statutory sodomy in violation of § 566.064 (Count III), first-degree statutory sodomy in violation of § 566.062 (Count IV), and second-degree statutory sodomy in violation of § 566.064 (Count V).[1] Following the jury's verdict, the trial court sentenced Defendant to serve 25 years in prison.[2] Defendant argues the trial court erred and abused its discretion by overruling Defense Counsel's objection to the following testimony: (1) V.J.'s (hereinafter "Mother") statements that Defendant had intermittent contact with D.J. (hereinafter "Victim") when he was little, (2) Mother's statements that she had not been in a position to hire an attorney to deal with Victim's custody arrangement, and (3) Defendant's sexual partner Paris Powell's testimony ("Powell") that Defendant told her during intercourse that she enjoyed being molested as a child. We affirm.

         II. Factual and Procedural Background

         Victim was born in 1998, and lived with Mother and his younger sister in St. Louis until the summer after his fifth-grade graduation in 2011. At this time, Victim went to live with Defendant (his father) in St. Louis until sometime in 2013. After staying with his aunt and grandmother for a brief period of time, he moved to Ohio to live with Mother. When Victim moved to Ohio to live with Mother, Victim told Mother that Defendant made him participate in several different sexual activities with Defendant and Defendant's sexual partners. Mother contacted the police and took Victim to a Child Advocacy Center where he was interviewed. Defendant and two of his female sexual partners, Niesha Hampton ("Hampton") and Powell, were subsequently arrested and charged with various crimes: statutory rape, sodomy, deviate sexual intercourse with a person less than fourteen years old, and child molestation.

         At Defendant's trial, Victim, Mother, and Powell all testified against Defendant.

         A. Victim's Testimony:

         Victim testified about the sexual abuse he suffered while he lived with Defendant. He stated that starting around the time he was eleven, Defendant would sometimes order him to participate in sexual activity with one of his two sexual partners. In describing the first time Victim was sexually abused, Victim asserted that he, Defendant, and Hampton were watching a movie when Defendant and Hampton began to kiss. Victim left the room, but Defendant called him back and asked, "Do you want to get in on this?" Victim told him "no, " but Defendant told him to take his pants off. Victim testified that he took his pants off because he believed if he did not listen to his father, Defendant would grab him and forcibly remove his pants. After Victim removed his pants, Defendant directed him to put his penis in Hampton's mouth while Defendant and Hampton engaged in intercourse. The encounter ended when Victim ejaculated and left the room to clean himself off. Victim testified that afterwards he kept thinking "what just happened?" and "why did [Defendant] make me do this?"

         A couple of months after the first incident, Defendant called Victim into a room and told him to suck on Hampton's nipples and lick her vagina. Defendant again directed Victim to take off his pants and put his penis in Hampton's vagina, which Victim did. Victim testified that the third incident occurred when Defendant and Hampton were engaging in sexual activity on a bed, and Defendant called Victim in and told him to suck on Hampton's nipples and vagina. Victim stated he did so, but he did not take his pants off.

         Defendant later forced Victim to engage in similar sexual activity with Powell. Victim stated he was twelve or thirteen when he had his first sexual encounter with Powell and Defendant. Both Victim and Powell testified that Defendant told Victim to put his penis inside Powell's mouth, even though both Victim and Powell stated they did not want to do so. Each also stated that Powell got on top of Victim and sucked his penis while Defendant had intercourse with Powell. On a different occasion, when Victim was thirteen, he testified that, while Defendant was having sex with Powell, he told Victim to put his penis in Powell's mouth.

         Victim testified there were other times when his father invited him to participate in sexual activities with him and one of his girlfriends, but Victim would decline and Defendant allowed him to leave. However, there were times when Victim would decline to participate but his father would still pressure him and "say to do it." Victim explained that he did not tell anyone about the sexual assaults until he was living with his Mother in Ohio because he "always keeps secrets, " and he believed secrecy was necessary to protect himself from Defendant, whom he and Powell both characterized as "aggressive" at times. Victim testified that if he did not listen to Defendant, then Defendant would either yell at him, give him warnings, smack him, or "get mad and start hitting" him.

         B. Mother's Testimony:

         Mother told the jury about the timeline of Victim's childhood, how he had lived with her up until he was ten or eleven and then moved in with Defendant.[3] She stated that Defendant was not around a lot when Victim was a small child. She further testified that while she had supervised visitation with Victim while he lived with Defendant, she only saw him once, even though she came to visit him multiple times. She explained that she did not have the money to pay an attorney to sort out the custody issues.

         C. Powell's Testimony:

         In addition to the testimony described above, during Powell's examination, the prosecutor asked her if Defendant had ever made any statements to her about something that happened in her childhood. The court allowed Powell to respond, over Defense Counsel's objection, that Defendant knew she had been sexually molested as a child, and while they were having sex would ask "if I liked how I was being molested, you know, just to, I guess, get his nut off, and I didn't like that."

         The jury convicted Defendant of all submitted counts and the court sentenced him to a total of 25 years' imprisonment. This appeal follows.

         III.Standard of ...


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