Pitt v. State

The trial court properly denied the defendant's motion for new trial, because there was no violation of the defendant's right to be present at trial when he was absent from the courtroom during a brief discussion about a procedural issue.

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A jury convicted Edward Pitt of two counts of child molestation and one count of aggravated child molestation, and the trial court sentenced him to 35 years to serve, followed by life on probation. Following the denial of his motion for new trial, Pitt appeals, contending that he was absent during a critical phase of his trial in violation of his constitutional rights to due process and a fair trial and is therefore entitled to a new trial. For the reasons that follow, we affirm.

Pitt was indicted for aggravated child molestation for placing his mouth on the sex organ of the underage victim, for child molestation for rubbing his penis on the victim’s vaginal area, and for child molestation for touching the victim with his hand on her inner thigh, buttocks, and vaginal area.1 Pitt had dated the victim’s mother and lived for a time with the victim, her mother, and her brother. The victim, who was 11 as of trial, testified that when she was 8 or 9, Pitt had called her into her mother’s bedroom, placed his hands and mouth on her private area, pushed his private area into hers, and would not let her leave the room until she said aloud that nothing had happened between them. The victim testified that these incidents happened between 10 to 15 times, and she did not tell her mother about them because she was scared Pitt would hurt her or her mother. After Pitt moved out, the victim said, she had done her best to forget everything about him, but then heard his name during a conversation and made an outcry.

Pitt v. State

The trial court properly denied the defendant's motion for new trial, because there was no violation of the defendant's right to be present at trial when he was absent from the courtroom during a brief discussion about a procedural issue.

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