X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

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.

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

More From ALM

With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
October 24, 2024
Georgetown, Washington D.C.

The National Law Journal honors attorneys & judges who've made a remarkable difference in the legal profession in the D.C. area.


Learn More
October 29, 2024
East Brunswick, NJ

New Jersey Law Journal honors lawyers leaving a mark on the legal community in New Jersey with their dedication to the profession.


Learn More
November 07, 2024
Orlando, FL

This event shines a spotlight on the individuals, teams, projects and organizations that are changing the financial industry.


Learn More

With bold growth in recent years, Fox Rothschild brings together 1,000 attorneys coast to coast. We offer the reach and resources of a natio...


Apply Now ›

About Us:Monjur.com is a leading provider of contracts-as-a-service for managed service providers, offering tailored solutions to streamline...


Apply Now ›

Dynamic Boutique law firm with offices in NYC, Westchester County and Dutchess County, is seeking a mid level litigation associate to work ...


Apply Now ›