State of West Virginia v. Heney W.J.
16-0088
| W. Va. | Jan 27, 2017Background
- Henry W. J. was indicted on 14 counts arising from sexual abuse of an eight‑year‑old (K.D.) and possession of child pornography found on his computer; the latter counts were later dismissed.
- Victim disclosed multiple acts: forced oral sex, digital and vibrator contact with her vagina, and the defendant rubbing his penis on her; she alleged threats if she told.
- Forensic interview and victim testimony corroborated the allegations; pediatrician Dr. Istafon testified to a transection of the victim’s hymen, opining the injury was not self‑inflicted.
- Detective testimony to the grand jury included statements that the defendant was alone in the house and that penetration by defendant’s penis occurred; defendant disputes the accuracy of those statements.
- At trial the State introduced but later had excluded graphic photographs from the computer after the court found the State failed to preserve an extraction report; counts 11–14 were dismissed and the jury was instructed to disregard those photos.
- Jury convicted defendant on multiple counts (two counts first‑degree sexual assault; four counts sexual abuse by custodian; two counts first‑degree sexual abuse); court denied post‑trial motions and imposed consecutive lengthy terms. Case affirmed on appeal by memorandum decision.
Issues
| Issue | Plaintiff's Argument (State) | Defendant's Argument (Henry) | Held |
|---|---|---|---|
| 1. Grand jury taint from alleged false testimony | Grand jury validly returned indictment; officer testimony did not show willful fraud and grand jury need only probable cause | Officer misstated that defendant was alone and that penile penetration occurred; those inaccuracies are exculpatory and require dismissal | Rejected. Court will not probe grand jury evidence absent willful, intentional fraud; defendant failed to show such fraud or prejudice |
| 2. Jury bias from display of excluded pornographic photos and adequacy of curative instruction | Curative instruction (agreed text) sufficed; defendant’s counsel accepted instruction at trial | Photographs were prejudicial; stronger instruction and written copy for deliberations required | Waived. Defense counsel approved the instruction on the record; no reversible error |
| 3. Sufficiency of evidence to support convictions | Victim testimony plus medical evidence (hymenal transection) and other testimony, viewed in light most favorable to prosecution, suffice for convictions | Medical evidence does not establish penile penetration; overall proof insufficient | Affirmed. Evidence sufficient under applicable standard; jury credibility findings control |
| 4. Post‑trial motion to dismiss based on above errors | No merit because foregoing errors rejected; motion unsupported | Trial court should have granted dismissal based on alleged errors and unfair trial | Denied. Defendant offered no developed argument or authority; appellate court declines review |
Key Cases Cited
- State v. Easton, 203 W. Va. 631 (1998) (appellate courts should not overturn jury findings on factual disputes absent clear error)
- State ex rel. Pinson v. Maynard, 181 W. Va. 662 (1989) (grand jury’s role is to determine probable cause, not truth of charges)
- Barker v. Fox, 160 W. Va. 749 (1977) (courts generally will not inquire into grand jury evidence except for willful fraud)
- State v. Guthrie, 194 W. Va. 657 (1995) (standard for reviewing sufficiency: view evidence in light most favorable to prosecution; jury decides credibility)
- State ex rel. Cooper v. Caperton, 196 W. Va. 208 (1996) (to preserve appellate review, parties must clearly articulate objections in circuit court)
- State v. McGilton, 229 W. Va. 554 (2012) (reiterating standard that jury credibility determinations control)