State of Minnesota v. Azzel Mickey Lee Foster

Minneapolis, Minnesota sex criminal criminal defense lawyer represented the Defendant.

From June 2021 to September 2022, nine-year-old E.H. and twelve-year-old D.H. lived in Minneapolis with their mother A.H. In the summer of 2021, appellant Azzel Mickey Lee Foster introduced himself to A.H. while he was walking around A.H.'s neighborhood. A.H. and Foster became friends and Foster started spending time at A.H.'s apartment. A.H. occasionally asked Foster to babysit E.H. and D.H. while she worked overnight shifts.



At some point, A.H. learned from a neighbor that E.H. had told the neighbor's daughter that Foster had been touching her inappropriately. When A.H. spoke to E.H. about the neighbor's claim, E.H. reported that Foster had sexually penetrated her. A f t er A.H. confronted Foster with E.H.'s allegations, Foster denied them and stopped spending time at A.H.'s apartment. A.H. entered "a state of shock" and did not attempt to file a police report.



In February 2022, A.H. brought E.H. to a scheduled physical. Both E.H. and A.H. told a pediatric physician that E.H. had been sexually abused. E.H. told the physician that Foster touched her breasts and penetrated her vagina and anus with his penis multiple times over a three-week period. The physician referred A.H. and E.H. to CornerHouse "to provide mental health support" and reported the incident to child protective services.



E.H. was interviewed at CornerHouse in March 2022. E.H. said that Foster "touched [her] inappropriately," and she described multiple instances of sexual penetration. E.H. said that Foster threatened to kill her and her family if she told anyone. Based on E.H.'s allegations, child protective services performed a "safety check" on her brother, D.H. D.H. told an investigator that Foster had touched his penis. As a result of his disclosure, D.H. was also interviewed at CornerHouse, where he told the interviewer that Foster touched his penis and also described witnessing some of Foster's abuse of E.H.



In April 2022, respondent State of Minnesota charged Foster with first-degree criminal sexual conduct based on E.H.'s allegations, and with second-degree criminal sexual conduct based on D.H.'s allegations. See Minn. Stat. §§ 609.342, subd. 1a(e), .343, subd. 1a(e) (Supp. 2021).

Following a trial, a jury found Foster guilty of first-degree criminal sexual conduct (relating to E.H.'s allegations) but not guilty of second-degree criminal sexual conduct (relating to D.H.'s allegations). The district court sentenced Foster to 320 months in prison. This appeal follows.



Affirmed



State v. Lee Foster, A23-1249 (Minn. App. Aug 19, 2024)