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Freeman v. State

Evidence of the child's condition was clearly relevant to the State's charges against the defendant for child cruelty, and although allowing the State to bring the child before the jury may have been prejudicial to the defendant, the probative value of that evidence was not substantially outweighed by the danger of unfair prejudice.

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Following a jury trial in September 2013, Emmanuel Philemon Freeman was convicted of two counts of cruelty to children in the second degree and two counts of cruelty to children in the first degree and was sentenced to twenty years, seven to serve.1 Freeman timely filed a motion for new trial, as amended, which the trial court denied. On appeal, Freeman challenges the sufficiency of the evidence as to each conviction and further asserts that the trial court erred in denying his motion for a mistrial and that the State failed to prove venue on several counts. Finding no error, we affirm.

Viewed in the light most favorable to the jury’s verdict,2 the evidence shows that E. F. was born to Freeman and Averielle Outler on March 25, 2009.3 At the time of his one-month checkup on May 6, 2009, his pediatrician, Iyer Rajamani, found that he was in good health, with normal eyesight and a normal head circumference of 40 cm. When Dr. Rajamani next examined E. F., on July 9, 2009 during an appointment for routine vaccinations, she immediately saw that his head was really big and measured the circumference as 49 cm. Because the growth of E. F.’s head was definitely unusual and he had a sunset appearance, which is caused by excess cerebrospinal fluid pushing the eyeballs downward, she instructed Freeman to take E. F. straight to a children’s hospital to determine the cause of the swelling.

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