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Henry v. State

The trial court was not required to make an explicit finding of sufficient indicia of reliability before admitting the victim's out-of-court statements.

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Timothy Henry was convicted by a jury of two counts of aggravated child molestation, two counts of aggravated sodomy and one count of child molestation. The trial court granted his motion for an out-of-time appeal, and Henry timely filed the present appeal, challenging the effectiveness of this trial counsel. Having considered these contentions, we now affirm. Although Henry does not challenge the sufficiency of the evidence, we will first briefly summarize the evidence so as to allow his enumerations of error to be considered in context.

Henry, who was a long-haul truck driver, had a relationship with the victim’s mother and lived with her, their biological son, the victim and the victim’s half brother when he was at home. The mother had begun a relationship with Angie Lamb, who was also the victim’s school bus driver, and it was to Lamb that the victim first disclosed the molestation, telling her that when his “daddy comes home he sticks his dong-dong in his butt.” Lamb told the mother, who was not at home when the child made the outcry, and the mother questioned the child. He told her that Henry made him “suck his dong-dong” and repeated the allegation about anal sodomy.1 The police were notified, and a search warrant was obtained for Henry’s truck; during the search police found a laptop computer which contained both images and links to pornography, some of which were introduced into evidence at trial.

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