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Simmons v. State

The evidence, including the defendant's own inculpatory statements, supported his child molestation convictions.

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A Dougherty County jury found Larry Simmons guilty of two counts of child molestation. Simmons appeals, challenging the sufficiency of the evidence and arguing that the trial court erred in admitting certain testimony under OCGA § 24-3-16, Georgia’s Child Hearsay Statute. For reasons that follow, we affirm. Viewed in a light favorable to the jury’s verdict,1 the evidence shows that in 2002 Simmons lived with his girlfriend, Lisa Hamilton, and her four children. In May 2002, one of Hamilton’s daughters, L. S., who was 10 years old, told her mother that Simmons was “messing with her” and “trying to do grownup things with her.” Hamilton and several of her family members confronted Simmons, who denied any such conduct. The same week, L. S. twice told Hamilton about incidents with Simmons. First, L. S. stated that Simmons had taken her into Hamilton’s bedroom and tried to penetrate her sexually. They were interrupted by L. S.’s twin brother, K. S. Later that week, L. S. told Hamilton that Simmons “was still trying to mess with her.” Hamilton testified that she did not go to the police immediately because she was afraid her children would be taken from her and was “trying to make sure that she was going to do the right thing.”

K. S. confirmed at trial that he saw Simmons in his mother’s bedroom with L. S. As K. S. entered the room, L. S. was pulling up her underwear and Simmons rolled off the bed. K. S. told Hamilton what he had seen as soon as she got home from work that day. He later told his uncle, Patrick Jenkins, Hamilton’s brother. L. S.’s younger sister also testified that Simmons came into the bedroom she shared with L. S. and got into bed with L. S., telling her to “get right.”

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