Goforth v. State

70 So.3d 174 (2011)

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Nature of the Case

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Facts

D taught biology at Newton County High School. Her husband worked in oil fields in Texas on a two-week-on, two-week-off basis. D taught a troubled student named Jane Doe. Soon after Doe's fifteenth birthday, D began mentoring her. Doe had spent the prior semester in an alternative school after having been caught in possession of illegal drugs at the high school. Doe had been having problems at home as well. D gave Doe some clothes and, at one point, even contacted the Mississippi Department of Human Services (MDHS) concerning Doe. D reported Doe's drug-use problems to Newton County High School Principal and to Newton County Deputy Sheriff Mark Spence, who served as a school resource officer for the Newton County School District. Deputy Spence had prior and ongoing investigations of Doe concerning drug possession and two stolen cell phones. Deputy Spence learned about accusations of sexual impropriety between D and Doe. D was questioned and admitted that Doe had spent two nights at D’s house because Doe had no place to stay. Doe always wanted D to adopt Doe. Doe started using drugs after D refused to adopt her. D said that Doe had started calling and texting her more frequently. Then, in August or September of 2009, Doe tried to break into her house. Deputy Spence mentioned that he already had taken a statement from Doe and from Doe's friend, Chase Rigdon, and he informed D that he had a cell phone with some incriminating photos. D that Doe had had men drive her to D's house, and that Doe had threatened D and her eighteen-month-old child if D did not engage in sexual activity with her. Doe had told her that she and John Thomas Roberts, Doe's then-boyfriend, would take D's child to Mexico if D did not comply with Doe's desires. D alleged that Doe had threatened to kill her 'multiple times.' She said that she even had in her possession a piece of paper with a note from Doe that read: 'come with me or die.' D acknowledged that she had engaged in sexual activity with Doe on five occasions, beginning in May 2009 and that Doe had made D use a dildo each time. On the final encounter, Doe had shown up with Rigdon, that Rigdon had had a gun, and that she had been forced to have sex with Rigdon as well. At a later date, Rigdon and Doe showed up again but D called the police. The school district notified D she was being fired. A termination hearing was conducted and Doe said that D had been forced to engage in sexual relations with her under threats. Doe testified that, in the first sexual encounter, Roberts had accompanied her to D's house and that Roberts had a gun. She said that Roberts had threatened to hurt D's son if d did not do as they asked. Doe also stated that she had physically beaten D on one occasion. Doe said that D had had to go to the doctor as a result of this beating. D was indicted on five counts of sexual battery. Doe testified that she had lied under oath at the termination hearing. She asserted that Roberts had never been involved, and claimed that she had fabricated the threatening conditions at D's behest. According to Doe, another individual was present during two of those five encounters. Doe said that Jacob Moore, whom she had dated in the summer of 2009, had accompanied her to D's home on one occasion. Doe stated that Moore had stayed in the living room briefly, and then had walked outside while she and Goforth were in the bedroom. Moore testified that when D and Doe had returned from the bedroom, D had told Moore that Doe had hit her. D then showed Moore a bruise on her side. Moore said that he had not witnessed any sexual activities, nor had he seen any threats by Doe toward D. Doe claimed she and D had engaged in sexual activity and that Rigdon eventually had joined them. She said that Rigdon and D had had sex. Rigdon had given a written statement to police on November 23, 2009, that corroborated Doe's testimony; D willingly had engaged in sexual activity with both him and Doe. Between the time that Rigdon gave this statement and trial, he was severely injured in an automobile accident. He could not remember having made the written statement to the police or having ever known D or Doe. He recognized his signature on the statement but that was it. Deputy Hollingsworth testified that he was present when Rigdon provided the statement. The State then sought to admit Rigdon's statement under Rule 803(5). The trial court, over D's objection, allowed Rigdon's statement to be read into evidence. The jury found D guilty on two counts and not guilty on three counts. D appealed. D contends that her Confrontation Clause rights under the Sixth Amendment to the United States Constitution and Article 3, Section 26 of the Mississippi Constitution were violated by the admission of Rigdon's prior written statement to police.