United States v. Douglas Tarnow
705 F.3d 809
| 8th Cir. | 2013Background
- Tarnow, an Indian, was charged with aggravated sexual abuse under 18 U.S.C. §§ 1151, 1153(a), 2241(a)(1), and 2246(2) for acts against K.D. on the Red Lake Reservation.
- K.D. testified that Tarnow restrained and assaulted her, coerced oral and vaginal sex, inserted a TV remote into her vagina, and beat her, resulting in visible injuries.
- Medical and law enforcement testimony described genital lacerations, bruising, a torn undergarment, and other injuries corroborating the abuse.
- The government admitted records and photos of the scene and clothes; an FBI interview suggested Tarnow claimed consensual sex.
- The district court allowed evidence of Tarnow’s prior bad acts to prove intent/motive but limited it to that purpose; it also admitted a witness (Tarnow’s former wife) with a contested admissibility.
- Jury instructions included a limiting instruction on 404(b) evidence; Tarnow requested a simple assault lesser-included offense instruction, which the court denied.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of the evidence for aggravated sexual abuse | Tarnow knowingly caused sexual acts by force or threat. | K.D. exaggerated events; some acts were consensual and not force-based. | Evidence sufficed; reasonable jury could find force/causation and coercion. |
| Admissibility of Tarnow's prior bad acts under Rule 404(b) | Prior acts show intent and motive to subdue and control K.D. | Evidence was prejudicial and not probative. | Admissible for intent/motive; prejudice and harmlessness adequately addressed. |
| Failure to give a lesser included offense instruction (simple assault) | Evidence could support simple assault as a lesser offense. | No rational basis to convict of simple assault while acquitting of sexual assault. | No abuse of discretion; the evidence viewed as a whole supported continued conviction. |
Key Cases Cited
- United States v. Anderson, 570 F.3d 1025 (8th Cir. 2009) (standard for sufficiency review on appeal)
- United States v. Youngman, 481 F.3d 1015 (8th Cir. 2007) (elements of aggravated sexual abuse in Indian Country)
- United States v. Brumfield, 686 F.3d 960 (8th Cir. 2012) (Rule 404(b) standard for admissibility; balancing test)
- United States v. Crenshaw, 359 F.3d 977 (8th Cir. 2004) (harmless-error standard for evidentiary rulings)
- United States v. Mann, 701 F.3d 274 (8th Cir. 2012) (credibility not reweighed on appeal)
- Keeble v. United States, 412 U.S. 205 (1973) (lesser-included offense instructions; intent evidence evaluation)
- United States v. Crawford, 413 F.3d 873 (8th Cir. 2005) (standard for lesser included offense determinations)