Paul T. Elam Jr v. Commonwealth of Kentucky
2015 SC 000700
| Ky. | Oct 18, 2016Background
- Elam was convicted in Christian Circuit Court of 15 counts of first-degree sodomy, 13 counts of first-degree sexual abuse, and 2 counts of witness tampering, with a total sentence of 70 years.
- The charges stemmed from Brenda (Brenda is victim 1) and Mary (Mary is victim 2); Mary was Elam's step-daughter and Brenda his step-daughter while his wife Kristen had custody.
- Indictment originally included 64 counts against Brenda and 1 count against Mary (Count 33) plus two tampering counts; 37 counts were dismissed before trial, leaving 15 sodomies, 13 sexual abuses, and 2 tampering counts.
- Elam moved to sever Count 33 (Mary) and to sever tampering charges for separate trials; the court denied severance and granted consolidation for trial.
- Trial court combined sexual-offense charges with witness-tampering charges; the defense contends this violated RCr 8.31 and prejudiced the defense.
- On appeal, Elam challenges joinder/severance rulings, and argues the indictment was duplicitous and violated the unanimous verdict requirement.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was consolidation of tampering with sexual offenses proper? | Elam; tampering should be separate | Elam; consolidation appropriate due to nexus | Consolidation proper; direct nexus exists |
| Was the denial of severance for Count 33 proper? | Elam; Mary charge should be severed | Elam; Mary and Brenda charges share common scheme | No abuse; not unduly prejudicial; severance denied |
| Did jury instructions or verdict form violate unanimity? | Johnson violation; lack of unanimity across counts | Instructions distinguished counts; unanimity preserved | Unanimity preserved; no Johnson violation |
| Is the indictment duplicitous for identical counts? | Counts indistinguishable; improper | Waived; bill of particulars remedy exists if needed | Not reversible; no manifest injustice; waiver and 6.22 remedy apply |
| Was the indictment defect preserved or waived? | Indictment defect; timely objection required | Waived by failure to object; can use 6.22 remedy | Waived; no relief |
Key Cases Cited
- Peacher v. Commonwealth, 391 S.W.3d 821 (Ky. 2013) (joinder requires a sufficient nexus; common scheme)
- Roark v. Commonwealth, 90 S.W.3d 24 (Ky. 2002) (prejudice test for consolidation; admissibility overlap)
- Rearick v. Commonwealth, 858 S.W.2d 185 (Ky. 1993) (KRE 404(b) exception to prior acts; continuing scheme)
- Johnson v. Commonwealth, 405 S.W.3d 439 (Ky. 2013) (unanimity requirement; multiple counts and memories)
- Ruiz v. Commonwealth, 471 S.W.3d 675 (Ky. 2015) (duplicitous counts; RCr 6.10/6.18 implications; waiver)
- Murray v. Commonwealth, 399 S.W.3d 398 (Ky. 2013) (abuse of discretion standard for joinder; prejudice)