BALDES v. State
2012 WY 67
| Wyo. | 2012Background
- Baldes, a certified nursing assistant, was accused of sexually assaulting K.S., a disabled client, during sponge baths; five months after Baldes began care, a report led to charges.
- K.S. had Duchenne muscular dystrophy, was wheelchair-bound, and relied on CNAs for bathing and personal care.
- Baldes was charged with four counts; two counts were dismissed; he was tried on two counts of third-degree sexual assault.
- The charged acts occurred during bathing, involving alleged touching of K.S.'s genitalia and other intimate contact.
- Statutes at issue define position of authority and sexual contact; 404(b) evidence was offered and challenged under Gleason standards.
- The Wyoming Supreme Court affirmed Baldes’ conviction and upheld the admissibility of 404(b) evidence after proper Gleason analysis.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence for position of authority and sexual contact | State contends evidence supports authority and contact | Baldes contends no authority and no improper contact | Evidence supports both elements beyond reasonable doubt |
| Admissibility of W.R.E. 404(b) evidence; Gleason analysis | State properly admitted 404(b) evidence | Court erred in Gleason analysis | Gleason analysis satisfied; 404(b) evidence admitted for proper purposes |
Key Cases Cited
- Gleason v. State, 57 P.3d 332 (Wy. 2002) (tests admissibility of 404(b) evidence; balancing probative value and prejudice)
- Vigil v. State, 224 P.3d 31 (Wy. 2010) (deference to trial court on 404(b) rulings)
- Sanchez v. State, 142 P.3d 1134 (Wy. 2006) (abuse of discretion standard for 404(b) rulings)
- Beintema v. State, 936 P.2d 1221 (Wy. 1997) (Gleason framework and admissibility considerations)
- Spencer v. State, 925 P.2d 994 (Wy. 1996) (Gleason analysis structure)
- Faubion v. State, 233 P.3d 926 (Wy. 2010) (position of authority and medical-provider power dynamics)