Brett A. Smith v. Commonwealth of Kentucky

Summary

The Supreme Court of Kentucky affirmed Brett A. Smith’s convictions for first-degree sodomy and three counts of first-degree sexual abuse involving a child under twelve. The court rejected challenges concerning the denial of a directed verdict, admission of evidence regarding the victim’s mother’s conduct and statements, review of psychotherapy records, speedy trial rights, and sentence reduction.

Holdings

1. The trial court did not err in denying directed verdict; sufficient evidence distinguished at least three counts of sexual abuse based on M.F.'s testimony.
2. The trial court did not abuse its discretion in admitting evidence of Pike's shower abuse (as inextricably intertwined/planning evidence) or the driveway statements (as relevant to the charged offenses).
3. The trial court did not abuse its discretion in concluding M.F.'s psychotherapy records contained no exculpatory evidence.
4. Smith's right to a speedy trial was not violated; although delay was presumptively prejudicial, Smith failed to adequately assert his right and showed no concrete prejudice.
5. The trial court did not abuse its discretion in denying the motion for reduced sentence.

Questions Presented

1. Whether the trial court erred in denying Smith's motion for directed verdict on one sexual abuse count.
2. Whether the trial court erred by admitting testimony about Pike's wrongful acts outside Smith's presence.
3. Whether the trial court erred in concluding M.F.'s psychotherapy records contained no exculpatory evidence.
4. Whether Smith's right to a speedy trial was violated by the Commonwealth's interlocutory appeal.
5. Whether the trial court abused its discretion in denying Smith's motion for reduced sentence under KRS 532.070.

Disposition

affirmed