Court of Appeals of Missouri, Southern District, Second Division
IN THE MATTER OF: THE CARE AND TREATMENT OF MARTIN REDDIG, a/k/a MARTIN E. REDDIG, a/k/a MARTIN EDWARD REDDIG, Appellant,
STATE OF MISSOURI, Respondent.
FROM THE CIRCUIT COURT OF CAMDEN COUNTY Honorable Aaron G.
Koeppen, Circuit Judge
Reddig ("Reddig") appeals the trial court's
judgment committing him to the custody of the Department of
Mental Health (the "DMH") following a jury finding
that he is a sexually violent predator
("SVP"). In this appeal, Reddig challenges the
judgment in eight points relied on. Finding no merit to these
points, we affirm the judgment of the trial court.
Factual and Procedural History
11, 2015, the State filed a petition in the Circuit Court of
Camden County seeking a hearing to determine whether Reddig
was a SVP. At the time, Reddig was serving a ten-year
sentence in the Missouri Department of Corrections
("DOC"), arising out of his 2006 conviction for
first-degree child molestation, pursuant to section
566.067. After trial on April 21 and 22, 2016, a
jury found that Reddig was a SVP, and the trial court entered
a judgment and commitment order. Reddig's points on
appeal assert different-and inconsistent-standards by which
we view the record. Accordingly, we set forth the substantive
"facts" in the light most favorable to the verdict,
and based on the record at trial.
began viewing pornography at age four. In 1994, at age 16,
Reddig experienced sexual thoughts about a three-year-old
female cousin. He frequently masturbated to those thoughts,
and later suggested that he might have acted on those
thoughts if he had access to his cousin.
1999, Reddig was 21 and living in Arizona. He would check
house doors to see if they were unlocked, and by use of this
method, "broke into five or six different houses"
with the goal of "rap[ing] a child or an adult."
After breaking into one home, he found an 18-year-old woman
in her bedroom and tried to rape her at knifepoint. She
violently fought Reddig off before he could consummate the
rape. She contacted law enforcement, and then directed law
when she found him at a bar sometime thereafter. Police found
Reddig's fingerprints on both the woman's bedroom
door and a knife at the scene. Police questioned Reddig after
the woman identified him as her attacker. Reddig falsely
reported that "he hadn't done anything, . . . had
been at a bar[, ] . . . consumed alcohol [and] had gone home
and gone to sleep[, ]" and "the charges were
viewed child pornography "countless times" between
2000 and 2001. The child victims in these pornographic
materials were between four and twelve years old at the times
they were depicted.
2002, while living in Joplin, Reddig married a woman with a
four-year-old daughter. Reddig sodomized the four year old,
by digital and genital penetration, on multiple occasions. In
February of that year, the four year old reported the abuse,
and the authorities were contacted. Reddig was arrested. When
confronted with the allegations, he falsely denied them. The
charges were thereafter dropped.
2006, while living in Camden County, Reddig was in a
relationship with an older woman,  who had an adult daughter
and three young granddaughters, ages four and three. Reddig
described the "grooming" behaviors he engaged in
with the children's mother to ensure that he had sexual
access to the victims. He encouraged the children's
mother to get an evening job, and then volunteered to babysit
the children. When Reddig took over the babysitting duties,
he gave the children baths. Reddig spent a long time washing
the girls' genital areas, and would penetrate their
genitals with his finger on multiple occasions. Reddig
estimated he did this with all three girls more than fifty
times over a six-month period. Reddig masturbated to the
thought of molesting the girls both before and after he
committed the acts. Reddig pled guilty to molesting one of
the three granddaughters and was sent to prison.
in prison, Reddig completed the Missouri Sex Offender Program
("MOSOP"), and was released on parole in 2013. He
was allowed to move to Kansas to live with his aunt and
uncle. While in an outpatient sex offender treatment program,
Reddig admitted to viewing and masturbating to pornography of
children as young as four. His treatment was increased, but
he continued looking at child pornography for children then
as young as age two. Reddig was terminated from outpatient
treatment due to concerns that he was going to reoffend.
also intentionally placed himself in close proximity to
children. Reddig accepted a ride from his boss and sat in the
back seat with his boss's four children, who were all
under the age of nine. Reddig also spent time alone with a
boy who was about two years old and with a young girl.
parole was ultimately revoked due to these parole violations,
and he was returned to the DOC in 2004.
was a two-day trial on Reddig's SVP status, beginning on
April, 21, 2016. Reddig did not testify.
voir dire, the State's attorney asked the jury
panel whether they, or anyone close to them, had been the
victim of a sex crime. The jurors who answered publicly were
asked if that event would keep them from following the trial
court's instructions-Venireperson 30 said a friend had
been a victim of such offense, and indicated she wanted to
discuss the matter in private.
conclusion of the voir dire questioning, the trial
court announced to the venire panel that the members of the
panel who wanted to speak privately with the court should
"stick around after the recess, [and] we'll call you
up to the bench one by one and in private you can answer a
question that might have been previously posed to you during
bailiff advised the trial court that he did not get the
numbers of anyone wishing to speak in private. The trial
court sent the bailiff into the hallway to ask if anyone
wanted to speak to the court. The State's attorney noted
that some people had originally indicated they wanted to
speak in private, but the issue they wished to speak
privately about had nevertheless come out during the public
questioning. Defense counsel agreed. The bailiff later
returned and said that Venireperson 80 was the only person
who wanted to speak to the court.
30 was seated on the jury following strikes for cause and
peremptory strikes. Defense counsel approached the bench
after the jury was seated:
[DEFENSE COUNSEL]: No. 30 was seated. I had a note that she
wanted to speak privately to the Court. But, apparently, she
changed her mind when they announced that. I don't know
if that makes a difference or not, but at one point I know
she indicated that she had a friend that had been a victim of
sex abuse and she wanted to speak privately.
THE COURT: I don't think it does, because we had the
sheriff go out and ask if anyone wanted to approach, and so
if she changed her mind, I think she has the right to change
her mind. But thank you for pointing that out.
jury was then sworn. Thereafter, defense counsel requested
Juror 30 become the alternate juror. The State did not agree,
and the trial court denied defense counsel's request. No
other requests were made by defense counsel at that point.
trial, Dr. Nena Kircher ("Dr. Kircher"), a licensed
psychologist for the DMH, testified that she conducted an
end-of-confinement evaluation in the spring of 2015, using
the criteria set forth in the SVP statute at the time. She
interviewed Reddig, and reviewed a number of records
reasonably relied on by experts in the field. Dr. Kircher
testified that Reddig suffered from pedophilic disorder, such
disorder predisposed him to commit acts of sexual violence,
and that Reddig would have difficulty controlling his
behavior in the future. She opined that to a reasonable
degree of psychological certainty, Reddig was more likely
than not to engage in future acts of predatory sexual
violence if not confined in a secure facility.
Jeffrey Kline ("Dr. Kline"), a psychologist and
certified forensic examiner with the DMH, evaluated Reddig in
September 2015. Dr. Kline testified he reviewed extensive
records relating, in relevant part, to Reddig's prior
offenses, sexual history, confinement, and the report of Dr.
Kircher. He testified that the records he reviewed were the
types reasonably relied on by experts in the field and that
he found the records to be reliable. Dr. Kline also
Kline opined that, to a reasonable degree of psychological
certainty, Reddig suffered from a mental abnormality. He
testified that based on Reddig's score on one particular
assessment, he had a "27.2 percent" chance of
recidivism-however, Dr. Kline explained that this assessment
tended to underestimate the likelihood of recidivism. Dr.
Kline also opined that Reddig was more likely than not to
engage in predatory acts of sexual violence if not confined
to a secure facility, and that Reddig did not have the
ability to manage his sexual behaviors.
jury returned a verdict finding that Reddig was a SVP. The
trial court entered a judgment and order committing Reddig to
the DMH for care, control, and treatment. Reddig filed a
motion for new trial, which the trial court thereafter
denied. This ...