State of Missouri v. Benjamin Allen Bodine

Springfield, Missouri criminal defense lawyer represented the Defendant charged with enticement of a child and first-degree sodomy.

Defendant was the stepfather to the victim, K.L., who was subject to three incidents of alleged sexual abuse occurring sometime in 2016, 2017, and 2018. On May 15, 2020, a forensic interviewer at the CAC conducted a video-recorded interview with K.L., who was nine years old at the time, discussing Defendant's conduct.



K.L.'s mother ("Mother") initially told police that she did not participate in or witness any sexual abuse by Defendant toward K.L. However, Mother later stated to police that, on one occasion, she entered the bedroom and witnessed K.L.'s hand on Defendant's penis, and Defendant ejaculated.



At trial, Mother told the jury that her statements to the police were untrue and were the result of a "dream." K.L. testified about the abuse committed by Defendant, and the State offered the CAC interview into evidence under §491.075.[2] In his testimony, Defendant denied all allegations of abuse.



During deliberations, the jury asked to re-watch the CAC interview. Defense counsel objected, arguing that the video was "actually testimony[,]" but the objection was overruled and the video was provided to the jury.



The jury found Defendant guilty on all counts.





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Defendant was the stepfather to the victim, K.L., who was subject to three incidents of alleged sexual abuse occurring sometime in 2016, 2017, and 2018. On May 15, 2020, a forensic interviewer at the CAC conducted a video-recorded interview with K.L., who was nine years old at the time, discussing Defendant's conduct.



K.L.'s mother ("Mother") initially told police that she did not participate in or witness any sexual abuse by Defendant toward K.L. However, Mother later stated to police that, on one occasion, she entered the bedroom and witnessed K.L.'s hand on Defendant's penis, and Defendant ejaculated.



At trial, Mother told the jury that her statements to the police were untrue and were the result of a "dream." K.L. testified about the abuse committed by Defendant, and the State offered the CAC interview into evidence under §491.075.[2] In his testimony, Defendant denied all allegations of abuse.



During deliberations, the jury asked to re-watch the CAC interview. Defense counsel objected, arguing that the video was "actually testimony[,]" but the objection was overruled and the video was provided to the jury.



The jury found Defendant guilty on all counts.

Affirmed