Black v. State

A prosecution witness's reference to a separate molestation complaint against the defendant more than probably did not contribute to the defendant's guilty verdicts, as it was merely cumulative of the defendant's own testimony.

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A Burke County jury found Billy Ray Black guilty of child molestation and aggravated child molestation for sexually abusing his eleven year-old granddaughter, B. D. The trial court sentenced Black to 30 years, with 25 to be served in confinement and the balance on probation. Black appeals from the trial court’s denial of his motion for a new trial. We find no error and affirm. Viewed in the light most favorable to the verdict, the record shows that sometime between December 2005 and January 2006, Black was alone with B. D. at her parents’ house while they were out. B. D. asked Black to pop her back and as she lay on the floor, he got on her back and popped it. Black then told B. D. to turn over and take off her clothes. After B. D. complied, Black touched her breasts and vagina; licked her vagina; took pictures of her with his camera; kissed her on the mouth; and unzipped his pants, exposing his penis, which B. D. refused to touch. Shortly after the incident, B. D. told her parents what happened and they confronted Black. B. D.’s stepfather testified that Black admitted taking naked pictures of B. D.; that he destroyed the pictures; and that he said he wanted to kill himself.

An investigator with the Burke County Department of Family and Children’s Services ” DFCS” testified that her office became involved on June 23, 2006, when an anonymous fax was received in the office. That fax detailed allegations of sexual abuse against Black involving B. D. and Black’s stepdaughter from his second marriage. The fax was sent by Black’s sister-in-law. Black testified at trial and denied molesting B. D.

Black v. State

A prosecution witness's reference to a separate molestation complaint against the defendant more than probably did not contribute to the defendant's guilty verdicts, as it was merely cumulative of the defendant's own testimony.

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