Kylie Lorraine Michell A/K/A Kylie Brown v. State of Texas
2012 Tex. App. LEXIS 5166
| Tex. App. | 2012Background
- Kylie Michell a/k/a Kylie Brown was convicted by a jury of continuous sexual abuse of a young child or children involving her stepdaughter Angela and stepson Adam, both under 14.
- The trial court assessed punishment at life imprisonment after Michell elected the court to determine punishment.
- The offenses spanned multiple locations and times, with the abuse beginning at 902 Bailey Street (Brownwood) and later at 1612 Indian Creek Road and a lake house, continuing through late 2008.
- Angela provided detailed outcry to Betancourt, the forensic interviewer, about how, when, and where the abuse occurred; Betancourt’s testimony and the accompanying interview video were admitted at trial.
- Adam provided limited contemporaneous information, with therapy and later a November 2009 recorded interview corroborating some abuse events.
- The State’s theory required proving two or more acts of sexual abuse during a period of 30 or more days, with the victim under 14 and the offender at least 17.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence for 30+ day period | State proved multiple acts across a span exceeding thirty days | No precise dates; insufficient duration proof | Evidence sufficient; duration element proven |
| Admission of outcry witnesses | Betancourt valid outcry witness under Art. 38.072 | Outcry testimony should have been from earlier witnesses | No abuse of discretion; Betancourt proper; waiver as to Betancourt's basis established |
| Lesser included offense instructions | Court should charge lesser offenses | No basis for lesser offenses given proof | No error; lesser offenses not valid alternatives |
Key Cases Cited
- Montgomery v. State, 810 S.W.2d 372 (Tex. Crim. App. 1991) (outcry evidence admissibility standard and abuse of discretion review)
- Sims v. State, 12 S.W.3d 499 (Tex. Crim. App. 1999) (how, when, and where details satisfy Art. 38.072)
- Garcia v. State, 792 S.W.2d 88 (Tex. Crim. App. 1990) (outcry witness requirements under Art. 38.072)
- Hall v. State, 225 S.W.3d 524 (Tex. Crim. App. 2007) (two-pronged test for lesser-included offense instructions)