Following a jury trial, Patrick Legan was convicted on three counts of cruelty to children in the first degree.1 He appeals his conviction and the denial of his motion for new trial, i challenging the sufficiency of the evidence and ii arguing that the trial court erred in admitting statements he made to law enforcement during a pre-polygraph examination interview. For the reasons set forth below, we affirm. “On appeal from a criminal conviction, the evidence must be construed in a light most favorable to the verdict and Legan no longer enjoys a presumption of innocence.” Punctuation omitted. Berry v. State .2 In evaluating the sufficiency of the evidence to support a conviction, we do not weigh the evidence or determine witness credibility, but only determine whether a rational trier of fact could have found the defendant guilty of the charged offenses beyond a reasonable doubt. Jackson v. Virginia .3
So viewed, the records shows that on February 12, 2001, Legan and Melody Ward Legan’s girlfriend brought their five-month-old daughter, E. L., to the local hospital’s emergency room based on their belief that the child had a broken leg. A doctor in the emergency room confirmed that E. L.’s right femur was broken and inquired as to how she was injured. Legan explained that he believed the injury occurred when, in trying to put E. L. into her swing, her leg became stuck and folded backward. Suspicious that this explanation did not explain the severity of the injury, the emergency room doctor consulted with an orthopedic surgeon, as well as E. L.’s pediatrician, and a full skeletal survey of E. L. was ordered. The skeletal survey showed that, in addition to her current injury, E. L. had suffered multiple rib fractures, a fracture of her right ulna near the elbow, a fracture of her right tibia just above her ankle, and a fracture of her left femur. All of the injuries were in varying stages of healing and had occurred at different times within the last two months. The doctors all agreed that these injuries were not consistent with accidental trauma but were more than likely the result of child abuse. Consequently, the emergency room doctor notified the Department of Family and Children Services DFCS and the local sheriff’s department.
