McIntyre v. State

After a jury trial, Brandi McIntyre and Jeffery Disharoon collectively “the Defendants” were found guilty of two counts of aggravated sexual battery,1 one count of child molestation,2 one count of aggravated child molestation,3 one count of rape,4 one count of possessing more than one ounce of marijuana,5 and one count of contributing to the delinquency of a minor.6 The Defendants appeal, contending that the trial court erred by 1 prohibiting them from introducing evidence of the victim’s prior sexual history to show her motive to fabricate the allegations; 2 denying the motion to suppress; 3 denying the request for additional juror strikes; and 4 denying a the motion to exclude evidence of DNA results and b the motion for mistrial based on the testimony of the State’s expert DNA witness. For the reasons that follow, we affirm. Viewed in the light most favorable to the verdict,7 the evidence shows that in April 2007, 15-year-old J. M. visited her aunt, McIntyre, and McIntyre’s live-in boyfriend, Disharoon, over spring break. Upon arriving at the couple’s home, J. M. drank alcohol with them and smoked a substance, resulting in J. M. feeling intoxicated. According to J. M. the three then used the hot tub outside the home, where the adult couple engaged in sexual intercourse, Disharoon inserted his fingers into J. M.’s vagina, McIntyre placed her mouth on J. M.’s breasts, and J. M. performed oral sex on and engaged in sexual intercourse with Disharoon.

The three then moved to the couple’s bedroom, where Disharoon performed oral sex on J. M., had sexual intercourse with J. M., penetrating both her vagina and anus, and placed his mouth on her breasts and fingers in her vagina. McIntyre also placed her mouth on J. M.’s breasts and performed oral sex on her. McIntyre also placed her fingers and several adult sexual devices into J. M.’s vagina and anus. These devices tested positive for J. M.’s DNA when seized by police officers. The couple also took photographs of the events, which J. M. tried to delete from the camera, but which were later recovered by investigators.