Robbie Whaley v. Commonwealth of Kentucky
2017-SC-0439
| Ky. | Feb 14, 2019Background
- Robbie Whaley, a mixed-martial-arts trainer, was tried on indictments charging multiple sexual offenses against four minors (two martial-arts students aged ~15 and two eight-year-old nephews) and as a first-degree persistent felony offender; jury convicted on 17 counts and recommended sentences totaling life with parole eligibility after 25 years.
- Allegations included third- and first-degree sodomy, first-degree sexual abuse, and an uncharged prior sexual act; some victims reported intoxication or exposure to pornography during incidents at Whaley’s residence.
- Prosecutors joined charges from two separate indictments (2015 and 2016) into a single trial; Whaley sought severance into four separate trials, which the trial court denied.
- The Commonwealth introduced evidence described as other crimes/acts: alleged provision of drugs/alcohol to victims, pornographic images seized from a laptop, and testimony about an uncharged sodomy against one victim.
- Whaley testified and denied all allegations; he appealed raising claims including improper joinder, admission of other-acts evidence, limits on cross-examination about pornography, allowance of expert testimony on anal sodomy, use of the term “victims,” and denial of a mistrial over missing trial materials.
Issues
| Issue | Plaintiff's Argument (Commonwealth) | Defendant's Argument (Whaley) | Held |
|---|---|---|---|
| Joinder / Severance of indictments | Joinder proper because offenses were similar in character, location, relationship (authority over children), and showed common plan/modus operandi; evidence of each would be admissible in separate trials | Joinder caused undue prejudice by letting proof about one victim influence jury on others; sought separate trials (four) due to differences in victims, time, and family relationship | Denied severance; court found offenses sufficiently similar and admissible under KRE 404(b) and RCr rules; no abuse of discretion and no showing of undue prejudice |
| Admission of other-acts evidence (drugs/alcohol, porn images, uncharged sodomy) | Evidence admissible to show plan, intent, opportunity, and was inextricably intertwined (and similar acts against same victim are almost always admissible) | Evidence prejudicial, not sufficiently linked to charged offenses (porn images) or lacked independent corroboration (uncharged act); porn especially unduly prejudicial | Admission of testimony about drugs/alcohol and the uncharged sodomy upheld; pornographic images admission was error under Jones but deemed harmless given other evidence |
| Cross-examination about prior pornography exposure (rape-shield/KRE 412) | Any proof of alternative source of sexual knowledge is relevant to rebut victim knowledge inference | Whaley sought to ask father whether he caught a child viewing porn on his phone; argued it could show alternative source of knowledge | Court excluded that line of cross-examination; affirmed on appeal — proffer failed to show exposure to material describing the specific acts alleged, so not probative and properly excluded under KRE 412 principles |
| Expert testimony on anal sodomy injury (KRE 702) | Expert testimony explaining absence of physical injury is relevant and assists jury; expert qualified | Whaley objected to opinion that anal sodomy may not leave injury, arguing prejudicial or improper | Testimony admitted; appellate court found no abuse of discretion in qualifying expert or allowing opinion that injury may be absent |
Key Cases Cited
- Garrett v. Commonwealth, 534 S.W.3d 217 (Ky. 2017) (joinder standard and prejudice analysis for multiple indictments)
- Hammond v. Commonwealth, 366 S.W.3d 425 (Ky. 2012) (evidence admissibility between joined offenses relevant to prejudice inquiry)
- Peacher v. Commonwealth, 391 S.W.3d 821 (Ky. 2013) (undue prejudice standard for severance and appellate review)
- Jones v. Commonwealth, 237 S.W.3d 153 (Ky. 2007) (requirement that victim identify sexually explicit images as those shown by defendant)
- Alford v. Commonwealth, 338 S.W.3d 240 (Ky. 2011) (upholding admission of evidence that perpetrator provided drugs/alcohol where necessary for full presentation)
- Harp v. Commonwealth, 266 S.W.3d 813 (Ky. 2008) (similar acts against same victim generally admissible under KRE 404(b))
- Noel v. Commonwealth, 76 S.W.3d 923 (Ky. 2002) (similar-acts rule and intent/absence-of-mistake rationale)
- Collins v. Commonwealth, 951 S.W.2d 569 (Ky. 1997) (expert qualification and medical testimony on absence of physical injury)
- Basham v. Commonwealth, 455 S.W.3d 415 (Ky. 2014) (KRE 412 analysis and limits on evidence of prior exposure to explicit material)
- Hall v. Commonwealth, 468 S.W.3d 814 (Ky. 2015) (harmless-error test for non-constitutional evidentiary errors)