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Lengsfeld v. State

The defendant police officer's statements to a GBI agent were probably admitted at his trial for child molestation, enticing a child for indecent purposes and violating his oath as a police officer.

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Following a jury trial, Todd Lengsfeld was convicted of four counts of child molestation OCGA § 16-6-4 a 1, four counts of enticing a child for indecent purposes OCGA § 16-6-5 a, and five counts of violation of oath by public officer OCGA § 16-10-1. Lengsfeld appeals from the denial of his motion for new trial, contending that the trial court erred in admitting into evidence statements he made to a Georgia Bureau of Investigation “GBI” agent because 1 the statements were protected under Garrity v. New Jersey, 385 U.S. 493 87 SCt 616, 17 LE2d 562 1967, and its progeny and 2 he was not advised of his Miranda rights. Lengsfeld also contends that 3 his sentences for enticing a child merged into his convictions and sentences for child molestation, and that 4 his trial counsel was deficient for withdrawing a request to charge on the lesser included offense of sexual battery. For the following reasons, we affirm Lengsfeld’s convictions.

Viewed in the light most favorable to the jury’s verdict,1 the evidence shows that Lengsfeld met the victim2 through martial arts classes where he was an instructor. Lengsfeld asked for the victim’s cell phone number and began communicating with her outside of class.

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