Hobgood v. State

926 So. 2d 847 (2006)

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Nature of the Case

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Facts

D, then age 28, was living with his girlfriend. Due to his girlfriend's emotional problems and difficulties with D, her two minor children lived with their maternal grandmother, Jane Doe. For a period of time, their mother regained custody, and the two children lived with her and D. Cooke was baby-sitting the victim and his sister while staying at Doe's home. The victim, who was 5 years of age at that time, approached Cooke and asked if he could tell her a secret. He described how D forced him to lie on the bed and performed anal sex on him, something which the victim called 'bad medicine.' Cooke called Doe and informed her that she needed to return home. When Doe arrived, Cooke asked the victim to tell Doe what he had told her, and he repeated the story 'word-for-word.' Doe and Cooke took the victim to see psychotherapist Detotto. Detotto spoke individually with each of them about the victim's allegations and then directly questioned the victim. The victim told Detotto that: D had been giving him bad medicine. When I asked what he meant by that he said that D would have him pull his pants down and he would put his thing in his bootie, that there would be water, and that D would then wipe off the water with a towel. The victim told her it happened frequently and that it was painful. She also testified that the victim was told to do 'bad medicine' to his younger sister. The victim was taken to the University of Mississippi Medical Center where he met with Dr. Srinath, a pediatrician. The victim gave a vivid description of the abuse to Srinath, which included a demonstration of a humping movement. Dr. Srinath testified that his physical examination of the victim revealed decreased anal tone, which was consistent with the description of abuse the victim had given him. The victim also met Officer Albright and described what D had done. Albright also questioned Doe and a social worker with whom the victim had met. The trial court admitted the victim's statements under Rule 803(25), the tender years exception. These statements and a description of the abuse were testified to by: Doe, Cooke, Detotto, Albright, Srinath, and Detective Carnell Kitchens. At trial, Detotto testified to the child's credibility because every time the victim discussed the incidents, the details never changed. In addition, she testified that there was also physical evidence that was found and she had performed tests to help her assess the victim’s credibility. D was convicted and appealed.