Barclay v. State

The trial court did not err in admitting a video interview of the defendant's 3-year-old son, wherein the son stated that the defendant hurt his bootie, since the statement reflected the requisite degree of trustworthiness under Gregg v. State, 201 Ga. App. 238 1991.

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A jury convicted Jerry Barclay of two counts of child molestation OCGA § 16-6-4 a 1, Counts 1 and 5, respectively, two counts of aggravated child molestation OCGA § 16-6-4 c, Counts 2 and 3, respectively, and one count of aggravated sodomy OCGA § 16-6-2 a 2, Count 4. Barclay appeals contending that the trial court erred i in admitting the videotaped interview of his three-year-old son, C. B., and ii in failing to merge Counts 1, 2, and 4 into Count 3 as a matter of fact and law. “The admission of evidence is a matter which rests largely within the sound discretion of the trial court and will not be disturbed absent an abuse of discretion.” Citations and punctuation omitted. Gosier v. State , 241 Ga. App. 384, 386 1 526 SE2d 890 1999.

Viewed in the light most favorable to the verdict Cross v. State , 285 Ga. App. 518, 519 646 SE2d 723 2007, the evidence shows that Barclay’s eight-year-old stepdaughter, A.R.H. told her aunt and father that Barclay had fondled her anus and vagina during the two-year period she lived with Barclay and her mother. Her aunt called the Wilkinson County Department of Family and Children’s Services “DFCS” to report what A.R.H. said had been done. After receiving the aunt’s complaint, DFCS workers had A.R.H. and C.B. interviewed on videotape by specially trained personnel and examined by a doctor to determine if they had been sexually abused. During her interview and at trial, A.R.H. confirmed that Barclay had touched her vaginal and anal areas inappropriately. When C. B. was interviewed, he stated that Barclay had “hurt his bootie.” A medical examination of C. B. revealed anal scarring consistent with sexual abuse. Police investigation and Barclay’s arrest and prosecution followed.

Barclay v. State

The trial court did not err in admitting a video interview of the defendant's 3-year-old son, wherein the son stated that the defendant hurt his bootie, since the statement reflected the requisite degree of trustworthiness under Gregg v. State, 201 Ga. App. 238 1991.

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