State v. Pereira

973 A.2d 19 (2009)

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Nature of the Case

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Facts

D was charged with first-degree child molestation sexual assault against his daughter, Amy, one count of second-degree sexual assault against his niece, Kim, and one count of second-degree child molestation sexual assault against Kim. Amy (9 years-old) was called by D to come to his bedroom. There he inserted his fingers in her vagina and was told never to tell anyone. The mother became concerned because Amy complained that her vagina bothered her. D dismissed the issue. Eventually, the Amy told the mother who contacted a divorce attorney, withdrew half the money from the bank and then contacted the police. A physical examination not conclusive. On a second visit, Amy reported the abuse. In between visits, Amy spoke to cousin Kim who said her father had done the same thing to her. Kim was 31 at the time of trial and 7.5 at the time of the incidents. D filed pretrial motions that the Superior Court denied one of which was a motion to sever the counts. D maintained that he wished to testify about count 1 to deny the allegations with respect to his daughter, but that he 'might not want to testify' with respect to counts 2 and 3, because he had made a statement against his interest concerning those charges. The trial justice denied the motion; the court held that the offenses properly were joined and that there was no reason to sever the charges. The jury convicted D of the offenses charged in counts 1 and 2 but found him not guilty of the offense charged in count 3. This appeal resulted.