Court of Appeals of Missouri, Southern District, Second Division
FROM THE CIRCUIT COURT OF GREENE COUNTY Honorable Calvin R.
Holden, Circuit Judge
JEFFREY W. BATES, J.
Chaidez (Defendant) was charged via a five-count, amended
information with committing the following offenses involving
his girlfriend's daughter, T.N. (Victim), over an
eight-year period: one count of first-degree statutory sodomy
involving a child less than 12 years old (Count 1);
first-degree statutory rape (Count 2); two counts of
first-degree statutory sodomy involving a child less than 14
years old (Counts 3-4); and one count of second-degree
statutory rape (Count 5). See §§ 566.062,
566.032, 566.034. A jury found Defendant guilty on all five
counts. He was sentenced to serve four 20-year terms in
prison on Counts 1-4, and a seven-year sentence on Count 5,
with all of the sentences to run concurrently.
appeal, Defendant presents two points for decision. He
contends the trial court abused its discretion by: (1)
admitting testimony about "late disclosure in victims of
sexual abuse" and "sexual abuse accommodation
syndrome" because such testimony was "improperly
used to bolster [Victim's] credibility"; and (2)
allowing the State's late endorsement of the DNA lab
co-director, because her "testimony that [Defendant] was
almost certainly the father of [Victim's] child was
critical evidence against him." Finding no merit in
either point, we affirm.
does not contest the sufficiency of the evidence to support
his convictions. "We consider the facts and all
reasonable inferences derived therefrom in a light most
favorable to the verdict, and we reject all contrary evidence
and inferences." State v. Campbell, 122 S.W.3d
736, 737 (Mo. App. 2004); see also State v. Johns,
34 S.W.3d 93, 103 (Mo. banc 2000). Viewed from that
perspective, the following facts were adduced at trial.
2000, when Victim was five years old, she lived with her aunt
and uncle in Springfield, Missouri. When Victim was eight,
her mother, G.N. (Mother) moved in with the family. A year
later when Victim was nine, Mother moved out, taking Victim
with her to live in a nearby house. Shortly after that move,
Defendant began dating Mother. He also moved into the house.
After Defendant began to reside there, Victim was not allowed
to go anywhere after school or have friends visit at the
house. Victim was no longer allowed to spend the night with
her aunt and uncle or any family members; instead she was
required to stay at the house with Defendant. From the time
he moved into the house until Victim was 16 years old,
Defendant and Mother had three children together.
months after Defendant moved into the house, he asked Victim
to lie in bed with him while Mother was at work. He put his
hands down Victim's pants and rubbed her vagina.
Defendant then put his penis on Victim's vagina. Victim
did not tell anyone about Defendant's actions because
Defendant and Mother were in an abusive relationship and
Defendant intimidated Victim, then still nine years old.
these first events, Defendant continued touching Victim's
vagina with his hands or his penis a couple of times per
week. When the family moved into a different house in
Springfield, Defendant started touching Victim twice daily.
At 11 years of age, Victim briefly resided with her aunt and
uncle because Defendant was having an affair with another
woman, and Mother had moved to North Carolina. Victim did not
tell her aunt or uncle about the abuse because she was still
afraid of Defendant, and she did not want her uncle to fight
months later, Mother and Victim moved back into a house with
Defendant, and he began having sexual intercourse with
Victim. Victim was 12 years old the first time Defendant had
sex with her. When she was 12 to 14 years of age, Defendant
continued having sex with Victim. Defendant also began giving
Victim oral sex and forcing Victim to perform oral sex on
him. During this time period, Defendant would sometimes have
sex with Victim multiple times per day, and Defendant touched
Victim's vagina with his hands daily.
Victim was 14 years of age, Defendant began ejaculating
inside Victim. She became pregnant when she was 16 years of
age. Victim told Defendant that she was pregnant. Defendant
told Victim to tell Mother that the father was a foreign
exchange student so Mother "would never go looking for
him." Victim was scared and told no one else she was
pregnant. Victim's grandmother (Grandmother) saw Victim
when she was six months pregnant and made a comment about
Victim's weight. Victim said she was eating too much and
did not tell Grandmother that she was pregnant.
hid her pregnancy until she went into labor. She was afraid
people would suspect Defendant was the father because she
never went anywhere outside the house. Victim delivered her
baby (Son) at the hospital in October 2012, when she was 17
years old. Defendant arrived at the hospital intoxicated and
yelled that he wanted to know who the father was because he
wanted the father arrested. As Defendant had earlier
instructed Victim, she told Mother and Grandmother that the
father was a foreign exchange student. When Grandmother had
arrived at the hospital, however, she saw Defendant
"bent over [Victim] whispering to her, rubbing her
stomach." After Grandmother got Defendant to leave, she
asked Victim if Defendant was the father, but Victim said
"No." Grandmother did not believe that answer, but
she stopped asking Victim about it because Mother insisted
Grandmother was wrong.
Victim came home from the hospital, Defendant tried to have
sex with her. She refused. Defendant became angry and began
treating Victim differently. During this time, Mother was in
prison. Defendant still lived in the house with Victim, her
three younger siblings, and Son. In July 2013, Victim moved
out of the house after she and Defendant "got into a big
fight." Defendant had come home intoxicated. When Victim
refused to make dinner, Defendant pulled a knife out of the
kitchen drawer and pointed it at her while she was holding
Son. Victim ran to the garage and, while holding the door
shut against Defendant, she called Grandmother to come get
her. Defendant threw Victim's belongings outside, and
Grandmother picked up Victim and Son.
October 2013, Victim was filling out a Medicaid form and was
upset because the form asked for the name of Son's
father. Grandmother told her she could get into trouble for
lying and she had to tell the truth on the form. Victim began
crying and told Grandmother that Defendant was Son's
father. Grandmother called the police and reported the abuse.
Corporal Christina Flood (Det. Flood) with the Springfield
Police Department interviewed Victim, who listed all of the
locations where she had been sexually abused over the years
by Defendant. Following Defendant's arrest, Det. Flood
interviewed Defendant. The detective also obtained a buccal
swab from him. As part of the investigation, Sergeant Heather
Anderson (Sgt. Anderson) took buccal swabs from Victim and
Son. All three swabs were tested for DNA. According to the
lab co-director, Dr. Karol Elias (Dr. Elias), the results of
the DNA tests indicated that Defendant was Son's father.
trial, those testifying for the State included Victim,
Grandmother, Det. Flood, Sgt. Anderson and Dr. Elias. The
State also presented testimony from Micki Lane (Lane), a
forensic interviewer and training coordinator for the Child
Advocacy Center. She had not met with Victim. Lane testified
about the reasons why a child who has ...