Scott Henry King v. State
09-14-00484-CR
| Tex. App. | Sep 23, 2015Background
- Defendant Scott Henry King, married to victim's step-grandmother, was convicted by a jury of aggravated sexual assault of a child based on testimony that he digitally penetrated and touched the pubic area of victim E.S., who was under 14.
- E.S. testified to two specific incidents: one where King touched her pubic area over/inside underwear and another where he placed a finger inside her vagina and touched her with his penis.
- Multiple witnesses (mother, grandmother, a forensic nurse, and a children’s advocate) relayed E.S.’s outcry statements describing the abuse; E.S. also testified at trial.
- After the disclosure, King made statements to family/friends suggesting intoxication, uncertainty, or partial admissions (“I don’t know if I did this,” “could have done it,” “twenty percent chance”), and an audio recording captured part of an apology/conversation.
- King denied the offenses at trial, offered alibi/consistency evidence from family members, and testified about alcohol-related memory lapses; trial evidence included expert testimony on child disclosure behaviors.
- The jury convicted; on appeal King challenged (1) admission of outcry testimony and (2) legal sufficiency of the evidence supporting conviction.
Issues
| Issue | Plaintiff's Argument (State) | Defendant's Argument (King) | Held |
|---|---|---|---|
| Sufficiency of the evidence | E.S.’s live testimony and corroborating statements suffice to prove digital penetration beyond a reasonable doubt | E.S.’s testimony was inconsistent, possibly coached, and thus not credible enough to support conviction | Affirmed — viewing evidence in State’s favor, a rational juror could find guilt beyond reasonable doubt |
| Admission of outcry testimony | Outcry witnesses’ repetition of E.S.’s statements were admissible and cumulative to E.S.’s testimony | Testimony from McConnell, mother, and nurse about E.S.’s outcry was improper and prejudicial | Affirmed — even assuming abuse of discretion, any error was harmless because E.S.’s testimony alone supported conviction |
Key Cases Cited
- Jackson v. Virginia, 443 U.S. 307 (standard for legal-sufficiency review) (establishes review of whether any rational trier of fact could find guilt beyond a reasonable doubt)
- Hooper v. State, 214 S.W.3d 9 (Tex. Crim. App.) (deference to jury on credibility and inferences in sufficiency review)
- Garcia v. State, 563 S.W.2d 925 (Tex. Crim. App. 1978) (child complainant’s testimony alone can support conviction)
- Muniz v. State, 851 S.W.2d 238 (Tex. Crim. App.) (appellate courts should not reweigh credibility in sufficiency review)
- Cordero v. State, 444 S.W.3d 812 (Beaumont) (outcry testimony is cumulative of complainant’s testimony)
- Shelby v. State, 819 S.W.2d 544 (Tex. Crim. App.) (discussion of outcry testimony admissibility)
- Chapman v. State, 150 S.W.3d 809 (improperly admitted evidence may be harmless if similar evidence admitted elsewhere)
- Hiatt v. State, 319 S.W.3d 115 (child witnesses afforded latitude; not held to adult testimonial standards)
