Clemmons v. State

The trial court's error in admitting the victims' hearsay statements to each other was harmless, since the statements did not impute any criminal conduct and they were cumulative of other testimony.

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A jury found Tommie Lee Clemmons guilty of one count of child molestation and three counts of aggravated child molestation. In two enumerations of error, Clemmons contends that the trial court erred in admitting certain hearsay testimony under OCGA § 24-3-16. As we find no reversible error, we affirm. Viewed in a light favorable to the jury’s verdict,1 the evidence shows that when G. M. was seven years old and B. C. was six years old, the two brothers were taken into DFCS custody and placed into foster care following allegations of neglect. Gloria Holsey served as a foster mother to the two boys. When the boys learned that they were to be returned to their family, they told Holsey that they did not want to go. Late one evening, G. M. approached Holsey and began crying. G. M. told Holsey that “bad things” had happened to him when he lived with his biological family. Holsey asked for clarification, and G. M. reported that his “Uncle Tommie” had put “his private part” in his mouth and in his “bottom.” B. C. subsequently told Holsey that Uncle Tommie would come into his bed and suck his “private part.”

Holsey called DFCS and reported the allegations of abuse. A forensic interview was then scheduled with the two boys at Open Arms, a child advocacy center. During the interview, G. M. disclosed the abuse he suffered both at the hands of his uncle and his mother. B. C., however, was reluctant to participate in the interview and did not disclose any allegations of abuse to the interviewer. G. M. was taken to a hospital for an exam, which revealed “multiple healed tears around the anal folds and . . . dilation of the anal ring.” According to the examiner, the physical findings were consistent with chronic sexual abuse.

Clemmons v. State

The trial court's error in admitting the victims' hearsay statements to each other was harmless, since the statements did not impute any criminal conduct and they were cumulative of other testimony.

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