2012 COA 202
Colo. Ct. App.2012Background
- M.A., born 2003, daughter of defendant's girlfriend, lived with them 2005–2008 and was cared for by Stackhouse.
- Alleged incident in 2007 involved caregiver noticing redness and bleeding after activity with M.A.
- 2008, M.A. disclosed touching by Stackhouse; foster aunt observed inappropriate behavior in bath.
- Foster father testified M.A. described touching her private parts with Stackhouse’s “pee-pee” and making her lick it.
- Stackhouse was charged with sexual assault on a child and sexual assault in a position of trust; pattern-abuse count acquitted; he was sentenced to 10 years to life; case posture includes public-trial and evidentiary challenges.
- Mittimus later found ambiguous on SVP finding and required correction; SOLSA challenge briefed and not dispositive.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was the public trial closure during jury selection preserved and reversible? | Stackhouse argued Presley requires reversal due to closure. | State-favored waiver/Anderson analysis; no contemporaneous objection. | Waived; no automatic reversal; Presley does not mandate different result. |
| Did the trial court properly deem M.A. competent to testify? | Competency satisfied by statutory standard and demeanor. | Competency standards not met; reliability questioned. | Competency properly found; no abuse of discretion. |
| Were M.A.'s statements admissible as hearsay (and were reliability findings required)? | Statements admissible under Rojas factors; corroborative witnesses. | Required reliability findings were not made. | Admissible; sufficient reliability; no constitutional error. |
| Did M.A.’s memory gaps violate Crawford and Confrontation rights? | Cross-examination preserved; declarant available. | Memory lapse could violate confrontation. | No violation; cross-examination available and applicable precedent satisfied. |
| Was mittimus ambiguous regarding SVP finding requiring correction? | Ambiguity could mislead on SVP status. | No clear SVP determination stated. | Remand to correct mittimus to indicate SVP not found; must register as sex offender. |
Key Cases Cited
- Presley v. Georgia, 558 U.S. 209 (2010) (public trial right extends to jury selection; requires alternatives to closure)
- Waller v. Georgia, 467 U.S. 39 (1984) (structural error; denial of public trial reversible absent prejudice)
- Rojas, 181 P.3d 1216 (Colo.App. 2008) (child hearsay admissibility requires reliability based on safeguards)
- Crawford v. Washington, 541 U.S. 36 (2004) (Confrontation Clause; prior statements; memory does not bar cross-examination)
- Anderson v. People, 176 Colo. 224, 490 P.2d 47 (1971) (waiver doctrine for public-trial right; longstanding rule in Colorado)