Summary
The Rhode Island Supreme Court affirmed Robert Erminelli's conviction for second-degree child molestation sexual assault and the denial of his motion for a new trial under Rule 33. The court held that the trial justice's credibility determinations and findings that the state proved the required sexual contact and victim-age elements were not clearly wrong.
Topics
Practice areas
Questions Presented
- Whether the trial justice clearly erred in denying Erminelli's Rule 33 motion for a new trial based on allegedly insufficient and unreliable evidence.
- Whether the evidence credited by the trial justice established the elements of second-degree child molestation sexual assault, including sexual contact with a person fourteen years of age or under and the requisite purpose of sexual arousal, gratification, or assault.
Holdings
- The trial justice's credibility determinations and factual findings were not clearly wrong and did not misconceive or overlook material evidence; therefore, the denial of the Rule 33 motion was proper.
- The evidence was sufficient to prove beyond a reasonable doubt that Erminelli engaged in sexual contact with a victim fourteen years of age or under for a purpose that could reasonably be construed as sexual arousal, gratification, or assault.
Key quotations
“When reviewing determinations of credibility and findings of fact by a trial justice sitting without a jury, this Court will not disturb the trial justice's findings unless they are clearly wrong or the trial justice misconceived or overlooked material evidence on a controlling issue.” (1069)
“As a result of our review of the record, we hold that the trial justice's findings of fact and credibility determinations will not be disturbed on appeal.” (1070)
Factual background
The State's witnesses testified that Robert Erminelli took eleven-year-old Megan into a wooded area and intentionally rubbed his penis against her naked buttocks. Two boys who observed the incident identified Erminelli and gave accounts that the trial justice found credible, while Megan and her siblings denied that any sexual contact occurred. The trial justice credited the boys' testimony, found the conflicting testimony of Megan and her siblings not credible, and convicted Erminelli of second-degree child molestation sexual assault.
Procedural history
The State charged Erminelli by criminal information with second-degree child molestation sexual assault and assault with intent to commit sexual assault. A Superior Court justice sitting without a jury convicted him under G.L. 1956 § 11-37-8.3 and acquitted him of the assault-with-intent charge. The trial justice denied Erminelli's Rule 33 motion for a new trial, and Erminelli timely appealed. The Supreme Court of Rhode Island affirmed.
Remand instructions
The record may be remanded to the Superior Court.