State of Missouri vs. Orlando Kim Ferguson II

Orlando Kim Ferguson II (“Defendant”) appeals from the Judgment upon his convictions following a jury trial for two counts of first degree statutory sodomy in violation of Section 566.062 RSMo 20001, and one count of first degree child molestation in violation of Section 566.067. The trial court sentenced Defendant to concurrent sentences of eighteen years of imprisonment on both statutory sodomy counts and fifteen years on the child molestation count.

The trial court abused its discretion in admitting testimony from Dr. Anita Hampton (“Dr. Hampton”) and Michelle Stille (“Stille”) that improperly bolstered A.R.’s (“Victim”) credibility. Dr. Hampton’s testimony that she had “[n]o doubt at all” about whether the acts alleged by Victim had occurred was inadmissible because the jury was as capable of measuring the credibility of Victim, who testified at trial. Expert testimony from Stille, a forensic interviewer, that Victim’s behaviors at her interview conformed with those of victims who are reliable and not suggestible was inadmissible because it was particularized testimony that improperly commented upon the credibility of Victim. Defendant was prejudiced by this credibility-bolstering testimony because the State relied upon testimonial evidence of Victim’s allegations to prove its case. The trial court did not abuse its discretion in denying a mistrial after Victim’s mother (“Mother”) testified that Defendant had Victim’s sibling watch a sexuallythemed film. The State permissibly asked Mother to explain why she sought a modification of Defendant and Mother’s divorce decree after Defendant introduced the issue.