United States v. Michael Seibel
712 F.3d 1229
8th Cir.2013Background
- Seibel was convicted by a jury of two counts of sexual abuse of a minor and two counts of abusive sexual contact involving his adopted daughters S.S. and P.S.
- The adoptions occurred in 2003; the children were in subsidized adoptions with South Dakota Medicaid including preexisting medical problems such as sexual abuse, but Seibel and wife did not seek counseling coverage for preexisting abuse.
- Counseling for the children began in 2008–2009; P.S. disclosed physical and later sexual abuse by Seibel during treatment.
- During the investigation, authorities searched the Seibel home, documented room damage, and tested bedding for DNA; semen tests were negative for Seibel’s DNA.
- Seibel sought to introduce Rule 412 evidence and other evidence about prior sexual abuse by the biological father and other sexual knowledge; the district court excluded some evidence and admitted only negative bedding test results.
- After trial, S.S. recanted at sentencing hearings via a letter; new-trial motions based on recantation were denied, and on appeal the conviction was affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Admission of Rule 412 evidence about prior abuse and sexual knowledge | Seibel | United States | District court did not abuse discretion; probative value outweighed by prejudice; Rule 403 governs. |
| Admissibility of semen on bedding to rebut credibility | Seibel | United States | Court properly excluded semen evidence as immaterial and prejudicial; negative bedding tests admitted. |
| Cross-examination on coercion and acts of victims | Seibel | United States | Preclusion of certain cross-examination evidence not shown to be error; issues not preserved for appeal. |
| Sufficiency of evidence to sustain convictions | United States | Seibel | Evidence from S.S. and P.S. sufficient; lack of physical corroboration did not require acquittal. |
| New-trial based on recantation letter | Seibel | United States | District court did not abuse discretion; recantation not credible and unlikely to produce acquittal at a new trial. |
Key Cases Cited
- United States v. Street, 531 F.3d 703 (8th Cir. 2008) (evidentiary rulings reviewed for abuse of discretion unless constitutional rights implicated)
- United States v. Pumpkin Seed, 572 F.3d 552 (8th Cir. 2009) (Rule 412 considerations; balancing probative value and prejudice)
- United States v. Tail, 459 F.3d 854 (8th Cir. 2006) (negative test results cannot rebut lack of evidence when not introduced by govt.)
- United States v. Rouse, 410 F.3d 1005 (8th Cir. 2005) (recantation of a witness; credibility; abuse of discretion standard)
- United States v. Kirkie, 261 F.3d 761 (8th Cir. 2001) (credibility matters for witness testimony; not proper basis to grant acquittal on credibility)
- United States v. Kenyon, 397 F.3d 1071 (8th Cir. 2005) (victim testimony alone can support convictions; lack of physical evidence not fatal)