429 P.3d 28
Wyo.2018Background
- Dennis and Emily Larkins were tried jointly and convicted of multiple counts of child abuse (physical and mental) involving victims J.T., J.K., M.D.T., and of abuse of a vulnerable adult (Jesus).
- Allegations included repeated belt beatings, choking with a belt, beatings with a wooden backscratcher, verbal abuse, and degrading treatment of Jesus (who has spina bifida/hydrocephalus and needs assistance).
- Interviews of both defendants with Detective Johnson (video/audio) were played to the jury without defense objection; the recordings included the detective vouching for the children and references to counsel/other proceedings.
- Trial evidence included victims’ testimony, corroborating witnesses, photographs of injuries, and therapists’ PTSD diagnoses for J.T. and M.D.T.; belts and backscratcher were recovered as physical evidence.
- Posttrial Rule 21 motions alleged ineffective assistance for strategic choices (joining dockets, playing unredacted interviews, not seeking a bill of particulars); defendants also raised prosecutorial-misconduct claims based on closing argument.
- The district court denied the Rule 21 motions; on appeal the Wyoming Supreme Court affirmed, finding sufficiency of evidence, no reversible ineffective-assistance error, and that some prosecutorial remarks were improper but not prejudicial.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence for physical injury to J.T. and J.K. | State: testimony, corroboration, photos, and instruments of abuse proved defendants caused physical injury. | Larkins: insufficient proof tying specific acts by Dennis to specific injuries. | Held: Evidence sufficient; jury could credit siblings and infer proximate causation for belt/backscratcher and for J.K.'s 2011 injuries. |
| Sufficiency of evidence for mental injury to J.T. and M.D.T. | State: therapists’ diagnoses and victims’ testimony established observable impairment caused or exacerbated by defendants’ conduct. | Larkins: preexisting conditions (Dr. Sternitzke) meant their conduct did not cause the mental injuries. | Held: Evidence sufficient; preexisting conditions do not preclude finding that defendants’ conduct caused or exacerbated mental injury. |
| Whether Jesus qualified as a "vulnerable adult" | State: testimony showed Jesus needed assistance for basic activities (cleaning, appointments) due to physical disabilities. | Larkins: Jesus could do many things without help, so he was not "unable" to care for himself. | Held: Jesus met statutory definition; some dependence for basic tasks sufficed. |
| Rule 21 — ineffective assistance for joinder, airing unredacted interviews, and no bill of particulars | Defendants: counsel should have objected to joinder, redacted Detective Johnson’s vouching/comments and references to counsel, and requested a bill for clarity. | State/District Court: counsel made informed strategic choices; recordings and joinder had tactical benefits; defendants had notice and were not prejudiced. | Held: No ineffective assistance; strategic decisions were reasonable and defendants were not materially prejudiced. |
| Prosecutorial misconduct in closing (vouching, appeals to sympathy) | Defendants: prosecutor vouched for a witness and appealed to jury passions, warranting reversal. | State: some comments were response to defense; any improper remarks were not prejudicial. | Held: Some remarks (vouching for M.D.T., asking jury to "listen" because no one else could help, "I’m speaking for them") were improper but, given strong evidence, did not create a reasonable probability of a different outcome. |
Key Cases Cited
- Strickland v. Washington, 466 U.S. 668 (establishes two-prong ineffective assistance standard)
- Earley v. State, 267 P.3d 561 (Wyo. 2011) (rules favor joint trials under W.R.Cr.P. 8 and 13)
- Hathaway v. State, 399 P.3d 625 (Wyo. 2017) (addressed detective vouching in interview recordings and prejudice analysis)
- Sweet v. State, 234 P.3d 1193 (Wyo. 2010) (prohibits witness-vouching for victim credibility)
- In re KLS, 94 P.3d 1025 (Wyo. 2004) (recognizes witnessing domestic violence can support mental-injury findings)
- Berger v. United States, 295 U.S. 78 (discusses prosecutor’s role and limits on argument)