Berger v. State

Summary

The Supreme Court of Arkansas affirmed Russell Berger's convictions for two counts of rape and his consecutive life sentences. The court held that objections to testimony and photographs concerning Berger's computer use were not preserved, the trial court's admonition cured the prosecutor's reference to pornographic pictures, and testimony concerning prior sexual acts against two other boys was admissible under the pedophile exception to Arkansas Rule of Evidence 404(b).

Holdings

1. Berger failed to preserve his objection to the testimony concerning his computer proficiency and the pictures of his computer because he did not object at the first opportunity.
2. The trial court did not abuse its discretion by refusing to grant a mistrial after the prosecutor referred to pornographic pictures because the court promptly admonished the jury to disregard the statement, and the remark was not reversible error under the circumstances.
3. Evidence of Berger's prior sexual acts against the two Colorado boys was admissible under the pedophile exception to Rule 404(b), even though the boys did not live in Berger's or D.C.'s household, because the evidence was independently relevant to show Berger's proclivity toward sexual acts with children and his motive, intent, or plan.

Questions Presented

1. Whether Berger preserved his objection to testimony about his computer proficiency and evidence depicting his computer, hardware, and software.
2. Whether the prosecutor's reference to pornographic pictures required a mistrial.
3. Whether testimony from two other boys concerning Berger's prior sexual acts was admissible under Arkansas Rule of Evidence 404(b)'s pedophile exception despite the boys not living in Berger's or D.C.'s household.
4. Whether the challenged rulings constituted reversible error.

Disposition

affirmed