Marlon Matta v. State
A22A0415
| Ga. Ct. App. | May 5, 2022Background
- Victim (under 10) reported repeated anal sodomy and exposure to pornography during weekly Bible study at Matta’s home; forensic interview and trial testimony were consistent with those reports.
- Police found pornographic magazines/videos in Matta’s bedroom in locations matching victim’s details; victim identified line-of-sight through a door crack consistent with his account.
- Matta was convicted by a jury of aggravated sodomy, aggravated child molestation, and three counts of child molestation.
- A portion of the trial reporter’s recording (testimony of forensic interviewer Teresa Wright) was accidentally recorded over; the court reporter produced handwritten notes and a partial certification, and the trial court held a reconstruction hearing.
- Matta moved for a new trial arguing the incomplete transcript prevented appellate review; the trial court found the reconstructed record sufficient and Matta did not show specific harm.
- Matta also sought to admit evidence that the victim previously named another individual ("Axel") in a sexual-context statement; the trial court excluded the name and related evidence for lack of proof the prior allegation was false. Appellate court affirmed.
Issues
| Issue | Matta's Argument | State's Argument | Held |
|---|---|---|---|
| Whether incomplete/missing portion of trial transcript (Wright testimony) required new trial | Missing certified transcript portion prevents meaningful appeal; reconstruction unreliable | Reporter produced notes; reconstruction hearing satisfied OCGA § 5-6-41; Matta failed to show any specific harm | Denied — trial court reconstruction adequate; Matta did not show prejudice or inability to raise appellate issues |
| Whether exclusion of evidence that victim previously named another individual was erroneous | Evidence of prior accusation toward another person (Axel) was admissible to show possible false accusation | Rape-shield permits evidence of prior false accusations only after threshold showing of reasonable probability of falsity; Matta failed to prove falsity | Denied — no showing of falsity or sufficient record at pretrial hearing; exclusion not an abuse of discretion |
Key Cases Cited
- Gadson v. State, 303 Ga. 871 (2018) (defendant entitled to complete transcript; reconstructed record procedures and harm requirement)
- Bamberg v. State, 308 Ga. 340 (2020) (OCGA § 5-6-41 reconstruction principles and trial-court role)
- Johnson v. State, 302 Ga. 188 (2017) (appellant must show how missing transcript portions cause prejudice)
- Vallejo v. State, 362 Ga. App. 33 (2021) (rape-shield permits prior false-accusation evidence only after threshold showing of reasonable probability of falsity)
- State v. Parks, 350 Ga. App. 799 (2019) (trial court must conduct pretrial hearing and take testimony before admitting prior-accusation evidence)