361 S.W.3d 46
Mo. Ct. App.2011Background
- Thompson was convicted of forcible rape (§ 566.030) and second-degree statutory rape (§ 566.034) based on the assault of 15-year-old A.T. in 1996.
- A rape kit from A.T. was collected at the hospital and later analyzed; DNA from a vaginal smear matched Thompson in 2008 at a frequency of 1 in 2.7 quadrillion.
- Thompson was charged in 2008, trial began December 14, 2009, and he was convicted after a jury trial.
- The rape kit underwent chain-of-custody procedures at the hospital and later at the Kansas City Police Department crime lab.
- A.R. Knapp (physician) and Nurse Scheiber testified about hospital handling of the rape kit; Duvenci testified about the crime lab handling.
- Thompson timely appealed, challenging the chain-of-custody testimony and arguing double jeopardy due to multiple punishments for the same act.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Chain of custody sufficiency for rape kit evidence | Thompson contends no reasonable assurance of no tampering without specific packaging details. | State showed hospital procedures and lab receipt to establish chain of custody. | Chain of custody sufficient; admission not an abuse of discretion. |
| Double jeopardy and consecutive convictions for related offenses | Statutory rape and forcible rape are duplicate punishments for the same act. | Statutory rape and forcible rape are separate offenses; no double jeopardy violation. | No error; offenses are separate and punishments permissible. |
Key Cases Cited
- State v. Link, 25 S.W.3d 136 (Mo. banc 2000) (chain-of-custody sufficient with hospital procedure testimony)
- State v. Colbert, 949 S.W.2d 932 (Mo.App. W.D. 1997) (hospital protocol suffices to establish chain of custody)
- State v. Bode, 125 S.W.3d 924 (Mo.App. W.D. 2004) (reasonable assurance absence of tampering need not cover every transfer)
- State v. Stokely, 842 S.W.2d 77 (Mo. banc 1992) (statutory rape is a strict liability crime; age is essential)
- State v. Harris, 243 S.W.3d 508 (Mo. App. W.D. 2008) (double jeopardy considerations for multiple punishments)
- State v. Dennis, 153 S.W.3d 910 (Mo. App. W.D. 2005) (cumulative punishments analysis looks to legislative intent)