Summary
The Wyoming Supreme Court affirmed Randy Morganflash's convictions for second-degree sexual assault, third-degree sexual assault, and indecent liberties with a minor. The court held that the five-year-old victim was competent to testify, that a separate pretrial taint hearing was not required absent some evidence of suggestive interviewing, and that denial of a new trial was not an abuse of discretion.
Topics
Practice areas
Questions Presented
- Whether the district court correctly found five-year-old NR competent to testify.
- Whether the district court abused its discretion by denying Morganflash's motion for a new trial based principally on NR's alleged incompetency.
- Whether the district court erred by denying Morganflash a separate pretrial taint hearing concerning allegedly suggestive interviews of NR.
Holdings
- When a child's competency is challenged, the trial court must independently examine the child and determine whether the child can satisfy the five-part competency test: understand the obligation to tell the truth, accurately perceive events, retain an independent recollection, express the recollection in words, and understand simple questions. The district court did not clearly err in finding NR competent.
- Wyoming does not require a separate pretrial taint hearing because concerns about suggestive interviews and corrupted recollection can be addressed during the child-witness competency hearing. A defendant must present some evidence of taint to trigger such an inquiry, and Morganflash failed to meet that threshold.
- The district court did not abuse its discretion in denying Morganflash's motion for a new trial because the motion largely repeated the rejected claim that NR was incompetent to testify.
Key quotations
“Intelligence, not age, is the guiding criteria in determining the competency of a witness.” (76 P.3d at 833)
“We similarly decline to adopt a separate pretrial "taint hearing" procedure as the concerns addressed by such a procedure can be adequately addressed during the competency hearing which we have required since 1935.” (76 P.3d at 834)
“The district court did not err in determining that NR was competent to serve as a witness, nor did it err in denying a motion for new trial on that same ground. The district court did not err in refusing to conduct a separate "taint" hearing.” (76 P.3d at 835)
Factual background
Morganflash moved into the victims' home shortly after meeting their mother and cared for the children while their mother worked. The victims were a five-year-old girl, NR, and her three-year-old brother, TR; Morganflash was later convicted of sexually abusing both children. The abuse came to light during school-related evaluations and after a school employee observed Morganflash giving NR a lingering open-mouthed kiss. NR disclosed the abuse in May 2001 and later gave testimony consistent in substance with statements made to a Department of Family Services investigator and a treating psychologist.
Procedural history
A Wyoming district court convicted Morganflash of second-degree sexual assault, third-degree sexual assault, and indecent liberties with a minor. The district court found the five-year-old victim competent to testify, found her three-year-old brother incompetent, denied Morganflash's request for a separate taint hearing, and denied his motion for a new trial. The Wyoming Supreme Court affirmed.