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Amador v. State

Any error in excluding as hearsay testimony possibly implying that the victim's mother had previously harmed the victim was harmless because it was cumulative of other evidence.

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Melvin Alexander Flores Amador was convicted of aggravated assault, aggravated battery, and two counts of first degree cruelty to children for acts committed against his two-year-old daughter, A. R. He contends that the trial court erred in failing to strike a prospective juror for cause, in denying his motion to suppress his custodial statement, in excluding a witness’s testimony on hearsay grounds, and in allowing an expert witness to testify to an issue within the jury’s province. We find no merit in these claims of error, and affirm. The evidence showed that on September 22, 2008, Amador lived in an apartment with Amanda Swain and their two children, A. R. and an infant. A neighbor testified that, late that evening, he was outside near Amador’s apartment when he heard a child crying and screaming “stop, stop,” Amador loudly talking in an angry voice, and sounds of spanking. While this was occurring, Swain was standing outside on the apartment’s porch.

A friend of Swain testified that, the following morning, she picked up Swain from the apartment and the two spent some time at the friend’s house and ran some errands; they returned to the apartment in the afternoon. Amador was sitting on the front porch of the apartment when they returned, and the friend saw him run inside. He came back outside and yelled for Swain. Swain and the friend ran into the apartment, where the friend observed A. R. lying unconscious on the couch. The friend testified that on other occasions she had seen A. R. with injuries, including a burn mark on her finger and bald patches on her scalp.

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