State v. Williams

548 S.W.3d 275 (2018)

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Nature of the Case

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Facts

In November 1996, D, then 26 years old, pleaded guilty to first-degree statutory sodomy for inserting his thumb in a minor child's vagina. He was sentenced to five years in prison but, after completing a 120-day program in a sex offender assessment unit, execution of his sentence was suspended and he was placed on probation for five years. In 1999, D violated his probation and his sentence was executed. Williams was released from prison in 2003. D began dating T.W. (Mother), the biological mother of M.E.E. (Victim). D informed Mother he had a prior conviction for sexually molesting a young girl. Mother continued to maintain a relationship and later introduced Williams to M.E. (Father), Victim's biological father. At the time, Mother and Father were still living together. When Father discovered D was a registered sex offender, he repeatedly told Mother he did not want Williams around the children. In February 2004, Mother left Father and took Victim and Victim's two older siblings with her. Mother allowed D to move in with her and her children. In 2005, D married Williams. In 2008, when Victim was eight-years-old. Victim had stayed home from school to recover from an illness. D was the only other person in the home at the time. They were eating candy and when Victim said she wanted the last piece. D told her she could not have it unless she took 'off all her clothes and let him play with her butt.' She complied and D touched her bottom while playing with himself. D continued to abuse Victim until 2013 by touching Victim's genitals and bottom and by forcing her to perform manual and oral sex acts upon him, usually when no one else was home. D's abuse declined after D and Mother separated in 2012, though D continued to abuse Victim on some occasions. In September 2013, Victim reported D's abuse to the police. D was charged with three counts of first-degree statutory sodomy. P also filed an information in lieu of indictment alleging D should be sentenced as a predatory sexual offender. Pursuant to Article I, section 18(c) of the Missouri Constitution, P filed a pretrial motion to admit evidence of D's 1996 conviction on the ground it demonstrated his propensity to commit the offenses with which he was charged. The court granted the state's motion but specified that the state would be limited to proving D's prior plea by way of a stipulation. Over D's objection, the stipulation was read to the jury. D was convicted on all three counts of first-degree statutory sodomy. D was sentenced to three concurrent sentences of life in prison without the possibility of parole for 50 years. D appealed.