Bill v. the State
341 Ga. App. 340
| Ga. Ct. App. | 2017Background
- Victim, a Spanish-only speaker from El Salvador, worked at a bar in Cobb County; defendant Jason Anthony Bill was a Cobb County deputy who occasionally visited the bar.
- On July 14, 2008, Bill took the victim from the bar at gunpoint, handcuffed and drove her to his apartment, where he forced sexual acts, beat her, bound and gagged her; she escaped and identified Bill, who was arrested nearby.
- Bill denied the assault, claiming a prior consensual sex-for-money relationship and that only kissing occurred that night; the jury convicted him of kidnapping, aggravated assault, aggravated sodomy, aggravated sexual battery, rape, and false imprisonment.
- At trial Bill sought to admit evidence of the victim’s prostitution history and a prior sexual-assault report by the victim on behalf of a roommate (which he contended was false) to show alternative perpetrators and motive to fabricate; the trial court excluded or limited portions of this evidence.
- Issues on appeal included exclusions under the rape-shield statute, impeachment with prior acts, admissibility of the prior report, scope of rebuttal testimony, exclusion of testimony about Bill’s friend killed in Iraq, a prosecutor’s comment suggesting knowledge of prior relationship, and a jury instruction on physical injury elements.
Issues
| Issue | Plaintiff's Argument (Bill) | Defendant's Argument (State) | Held |
|---|---|---|---|
| Admissibility of victim’s prostitution-related evidence | Evidence should be admitted to show alternative perpetrators or motive to harm the victim | Rape-shield bars prior sexual behavior; here evidence is speculative and prejudicial | Exclusion affirmed: no nexus shown; evidence irrelevant/speculative and cumulative of admitted testimony that Bill paid victim for sex |
| Impeachment with prior prostitution allegations | Prior prostitution would impeach victim’s denial of prior sex with Bill | Impeachment must directly contradict the witness’s testimony about facts she asserted | Denial: general prostitution evidence did not contradict her testimony that she had not had sex with Bill; impeachment not allowed |
| Prior sexual-assault report & motive-to-fabricate | Prior report was false; admissible to prove history of fabricating and motive (visa, civil suit) | Trial court must find reasonable probability of falsity before admitting; court allowed limited presentation | No reversible error: court excluded labeling it false but allowed evidence of the report, civil suit, and visa efforts; limitation was suggested by defense |
| Scope of rebuttal, excluded Iraq-related testimony, prosecutor comment, jury charge | Rebuttal calling of victim improper; exclusion of friend’s death testimony improper; prosecutor’s comment required mistrial; jury instruction impermissibly commented on evidence | Rebuttal was proper to refute defense testimony; friend’s death irrelevant; prosecutor’s comment cured by instruction and objection not renewed; jury charge correctly stated law | Affirmed on all counts: rebuttal within court’s discretion; excluded Iraq-death testimony irrelevant/harmless; mistrial claim waived (curative instruction given); jury charge correct on elements |
Key Cases Cited
- Moorer v. State, 290 Ga. App. 216 (evidence of prior prostitution irrelevant without nexus to charged assault)
- Clements v. State, 279 Ga. App. 773 (prior false-allegation evidence requires court finding reasonable probability of falsity)
- Tidwell v. State, 306 Ga. App. 307 (limits on using prior sexual behavior for impeachment must directly contradict testimony)
- Galvan v. State, 330 Ga. App. 589 (trial court has discretion to admit rebuttal evidence that may bolster the State)
- Gaines v. State, 339 Ga. App. 527 (defendant must renew objection if dissatisfied after curative action; failure waives claim)
- Skipper v. State, 257 Ga. 802 (physical injury is not an element of rape)