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Robinson v. State

The trial court properly admitted the portion of the defendant's videotaped interview where he called the child molestation victim "probably honest," since the defendant later attacked the victim's credibility.

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A jury found Scott Edward Robinson guilty of four counts of child molestation.1 Robinson appeals, challenging several evidentiary rulings. For reasons that follow, we affirm. Viewed favorably to the verdict,2 the evidence shows that, in May 2002, Robinson’s thirteen-year-old step-daughter told her mother that Robinson had molested her. The victim testified that, when she was ten years old, Robinson squeezed her breast as they sat together on a couch, watching television. On subsequent occasions, Robinson touched her vagina and her buttocks, and he placed her hand on his penis over his clothing.

Prior to trial, Robinson moved to exclude several pieces of evidence. First, he argued that a portion of his videotaped interview with police should be excluded because it improperly bolstered the victim’s credibility. Robinson also moved to exclude references to his step-brother’s conviction for child molestation. And he sought to exclude evidence that his wife caught him masturbating with the victim’s underwear on the night the victim reported the abuse. The trial court denied Robinson’s motion regarding the bolstering statements and the masturbation evidence. As to the step-brother’s criminal history, the trial court ordered that any reference to the conviction be redacted from Robinson’s interview tape. It further determined, however, that the victim would be allowed to testify regarding the conviction. Robinson now appeals these rulings.

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