Freeman v. the State
333 Ga. App. 6
Ga. Ct. App.2015Background
- In Sept. 2013 a jury convicted Emmanuel Philemon Freeman of four counts of cruelty to children (two first-degree, two second-degree) related to injuries to his infant son E.F. and daughter O.F.; sentenced to 20 years, 7 to serve. Freeman was acquitted on several other counts.
- E.F. had normal exam at 1 month (head circumference 40 cm); by July 9 his head circumference measured 49 cm, with signs of increased intracranial pressure. A shunt was placed; MRI showed brain atrophy and retinal/optic nerve damage.
- Skeletal survey revealed healing fractures: four left ribs and a left femur in E.F.; two healing left-rib fractures in O.F. Doctors found no infection and concluded injuries were the result of physical abuse (shaken-baby mechanism and squeezing).
- Parents (Freeman and Outler) were sole caretakers; both denied knowledge of accidents; Freeman admitted he "plays too rough" but denied causing the injuries. Medical testimony placed fractures in a healing phase consistent with occurrence at least 1–2 weeks earlier (likely June).
- Trial issues raised on appeal: sufficiency of evidence for each conviction, alleged prejudicial display of E.F. in the courtroom, and alleged failure to prove venue for several counts. The Court of Appeals affirmed.
Issues
| Issue | Freeman's Argument | State's Argument | Held |
|---|---|---|---|
| Sufficiency as to Count I (failure to seek treatment for E.F.) | Freeman said he had no indication in June that head was abnormally large; photos did not show severe abnormality | Detective testimony that Freeman knew of head swelling in June; medical evidence that delayed care worsened prognosis | Conviction upheld — evidence sufficient to permit jury to find Freeman knew and was criminally negligent |
| Sufficiency as to Counts II, VIII, X (rib and leg fractures) | No direct evidence how injuries occurred or that Freeman caused them; offered accidental-fall hypothesis | Expert testified fracture patterns and non-ambulatory status are diagnostic of abuse; parents were sole caretakers; circumstantial evidence permitted | Convictions upheld — circumstantial proof and expert opinion were sufficient; jury resolved reasonable-hypothesis issues |
| Admission/presentation of E.F. in courtroom | "Parading" E.F. before jury was inflammatory and unfairly prejudicial; child could not testify | E.F.’s condition was highly probative of permanent injury; Crime Victims’ Bill of Rights permits victim presence; Rule 403 balance favored admissibility | No abuse of discretion — probative value not substantially outweighed by unfair prejudice; victim had statutory right to be present |
| Venue for Counts II, VIII, X | State failed to prove injuries occurred in Clayton County | Parents moved to and resided in Clayton County in April 2009; medical timing showed fractures occurred while in their care there | Venue proved beyond reasonable doubt by circumstantial/direct evidence — jury verdict supported |
Key Cases Cited
- Jackson v. Virginia, 443 U.S. 307 (standard for sufficiency review)
- Salazar v. State, 326 Ga. App. 627 (appellate review limited to legal sufficiency; credibility for jury)
- Dyer v. State, 295 Ga. 173 (circumstantial evidence must exclude other reasonable hypotheses, but jury resolves conflicts)
- Nicely v. State, 291 Ga. 788 (jury resolves credibility conflicts; adverse resolution doesn’t render evidence insufficient)
- Morast v. State, 323 Ga. App. 808 (failure to seek medical care supports cruelty conviction)
- United States v. King, 713 F.2d 627 (Rule 403: relevant evidence is inherently prejudicial; exclude only when unfair prejudice substantially outweighs probative value)