Pollio v. State

The trial court properly excluded evidence of the victim's prior false accusation of sexual misconduct, since no reasonable probability of falsity existed under the circumstances and the statement in question was not an allegation of sexual misconduct.

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Following a jury trial, Christopher Pollio appeals his convictions on one count of aggravated sexual battery and on three counts of child molestation, contending that the trial court erred by: 1 excluding evidence of the victim’s prior false accusation of molestation, 2 violating OCGA § 24-3-50 by admitting evidence of an interview with police which he contends was induced by a hope of benefit, and 3 allowing a State’s witness to remain in the courtroom during trial in violation of the rule of sequestration. For the reasons that follow, we disagree and affirm. “On appeal, Pollio no longer enjoys a presumption of innocence, and we construe the evidence, and all reasonable inferences therefrom, in a light most favorable to the jury’s verdict.” Alexander v. State. 1 So viewed, the evidence shows that on the weekend following the 2000 Thanksgiving holiday, Pollio’s seven-year-old niece, C. P., was visiting Pollio and his wife Leann. Also with C. P. were her younger brother and her father Pollio’s brother, who had recently separated from his wife. On Saturday morning , as C. P. sat on Pollio’s lap playing a computer game, Pollio suggested that the room was getting hot and he took off C. P.’s pajama pants. Pollio then wet his fingers in his mouth and repeatedly inserted them into C. P.’s vagina. As Leann approached the computer room from the hallway, Pollio stopped and told C. P. not to tell anyone.

On Saturday night, C. P., who had a good relationship with Leann , asked to sleep with Leann because C. P. missed her mother. Leann slept between C. P. and Pollio, and when Leann went to the bathroom in the middle of the night, Pollio took C. P.’s hand and put it on his penis.

Pollio v. State

The trial court properly excluded evidence of the victim's prior false accusation of sexual misconduct, since no reasonable probability of falsity existed under the circumstances and the statement in question was not an allegation of sexual misconduct.

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