State of Oklahoma v. Daniel Cole James

Tulsa, Oklahoma criminal defense lawyer represented the Plaintiff who was charged with Count 1: Rape by Instrumentation (21 O.S.2001, § 1111) and Count 2: Lewd Molestation (21 O.S.Supp.2002, § 1123 ).



¶7 Sections 2413 and 2414 were taken, almost verbatim, from Federal Rules of Evidence 413 and 414, which were promulgated over a decade ago. While these provisions are perhaps not models of legislative clarity, we construe the language found in both as still requiring the trial court to balance the probative value of the proffered evidence against any unfairly prejudicial effect, pursuant to 12 O.S.2001, § 2403.



2009 OK CR8, 204 P.3d 798:



¶8 Although both statutes provide that the evidence at issue "is admissible,” they go on to declare that the evidence "may be considered for its bearing on any matter to which it is relevant.” 12 O.S.Supp.2007, §§ 2413(A), 2414(A) (emphasis added). Both statutes include the proviso: "This rule shall not be construed to limit the admission or consideration of evidence under any other rule.” 12 O.S.Supp.2007, §§ 2413 (C), 2414(C). This proviso is a two-edged sword. Sections 2413 and 2414 should obviously not be read to bar other types of bad-acts evidence that might be proffered in a sexual-abuse case, simply because they do not specifically mention them.5 Nor, however, should these provisions be read to absolutely trump all other evidentiary rules and constitutional concerns.6



¶9 As noted, these rules were copied from existing federal legislation, and we find the legislative history of those rules, and federal judicial interpretation of the rules, helpful to our own analysis. Both sources of guidance, and the plain language of the rules themselves, convince us that when evidence is proffered under 12 O.S. §§ 2413 or 2414, the trial court retains the authority – and responsibility – to consider, on a case-by-case basis, whether the probative value of the proffered evidence is substantially outweighed by an unfairly prejudicial effect.7 12 O.S.2001, § 2403. Cf. Coddington, 2006 OK CR 34, ¶¶ 53-56, 142 P.3d at 452-53 (statute permitting pre-mortem photo of victim in homicide trials did not strip trial court of authority to exclude such evidence, when appropriate, under other provisions of the Evidence Code).



¶10 Evidence that the defendant has committed sex offenses similar to those for which he is on trial will undoubtedly be prejudicial to him. The real question, however, is whether it is unfairly so. 12 O.S.2001, § 2403 . When evidence meeting the criteria of §§ 2413 or 2414 is offered, the Evidence Code's examples of how other-crimes evidence may properly be used (e.g. to show motive, opportunity, or common scheme or plan), found in § 2404(B), are still helpful to the trial court's assessment of probative value, and, consequently, in balancing probative value against unfairly prejudicial effect under § 2403. As we have observed many times, the probative value of other crimes committed by the accused increases when there is a visible connection between the crimes, or when all of the offenses, taken together, demonstrate a common scheme or plan. See e.g. Burks v. State, 1979 OK CR 10, ¶ 8, 594 P.2d 771, 773; Rhine v. State, 1958 OK CR 110, ¶¶ 19-21, 336 P.2d 913, 920-22.



¶11 The trial court did not abuse its discretion in permitting testimony about R.G.'s claim of sexual abuse at the hands of Appellant. Under 12 O.S. §§ 2413 and 2414, the evidence was admissible for any relevant purpose. The particulars of the prior crime showed a visible connection with the instant charges, and demonstrated a common scheme to take sexual advantage of very young girls that were placed in his trust and care.8 More than once, the trial court cautioned the jury on the limited use of such evidence.9 Proposition 2 is denied.10

The Defendant was found guilty and was sentenced to 35 years on count 1 and 20 years on count 2.



Affirmed