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Bowman v. State

The victim's out-of-court statements were properly admitted at trial after the trial court found them fairly spontaneous, without coaching and with sufficient indicia of reliability.

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A jury convicted Robert Bowman on two counts of aggravated child molestation, two counts of aggravated sodomy, two counts of aggravated sexual battery, six counts of child molestation, and two counts of cruelty to children in the first degree. Following the denial of his motion for new trial, Bowman appeals. Bowman contends that the evidence was insufficient to sustain the verdict and that the trial court erred in admitting hearsay statements, in allowing a witness to comment on the victim’s veracity, and in denying his request to charge the jury regarding mandatory minimum sentences. For the reasons that follow, we affirm.

Viewed in the light most favorable to the jury’s verdict, the evidence showed that the victim, who was six at the time, disappeared one day. Her father, who lived nearby and joined her mother in the search, finally found her in Bowman’s apartment sitting on the floor, and her father got onto her because she was not supposed to go into anyone else’s house. Bowman, who was a friend and neighbor, usually kept his door open, but that day it had been closed, which was unusual. The mother recalled seeing the victim come out of Bowman’s house on a previous occasion.

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