X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

A Cobb County jury found Steven Edwin Dameron guilty of two counts of child molestation, aggravated sexual battery, and cruelty to children, which charges arose from acts Dameron committed against his minor step-daughter. He appeals, claiming the trial court erred in allowing expert opinion testimony that went to the ultimate issue; that the trial court erred in permitting the introduction of inadmissible hearsay; and that reversal is required because, at trial, the victim recanted her allegations of abuse. Upon review of the record, we find Dameron’s claims of error to be without merit and affirm. 1. Dameron challenges the admission of testimony from expert witness, Karen Nash, that the victim’s behavior was “consistent with children that have been sexually abused.” He contends such testimony went to “the ultimate issue of the case, ie sic: whether in fact the victim has been molested by the Defendant.” However, Dameron made no objection to this testimony, and “counsel must make a proper objection on the record at the earliest possible time to preserve for review the point of error.”1 Further, contrary to Dameron’s argument, the disputed testimony went to whether the victim had, in fact, been sexually abused and not to the identification of the perpetrator of the abuse. Finally, in the face of the trial court’s call for objection, Dameron conceded Nash’s qualification as an expert “in the treatment of children who have experienced trauma and issues of sexual abuse,” and this fact deprives him of the right to complain about testimony relating thereto.2

2. The child/victim’s outcry was videotaped, and Dameron’s attorney stipulated that the admission of the videotape into evidence was “proper.” The only objection was to a portion of the videotape wherein the victim testified that, while at church, Dameron asked that he and the victim and the victim’s mother pray about the incidents of sexual abuse. Dameron objected because such statement was “a confession at church. It’s a statement about a confession at church.” Now, before this Court, Dameron claims the statement was inadmissible hearsay without sufficient indicia of reliability to admit it under the necessity exception to the hearsay rule. We disagree.

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

More From ALM

With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
September 05, 2024
New York, NY

The New York Law Journal honors attorneys and judges who have made a remarkable difference in the legal profession in New York.


Learn More
September 06, 2024
Johannesburg

The African Legal Awards recognise exceptional achievement within Africa s legal community during a period of rapid change.


Learn More
September 12, 2024
New York, NY

Consulting Magazine identifies the best firms to work for in the consulting profession.


Learn More

RECRUITMENT BONUS Newly hired employees from this recruitment may be eligible to receive bonus payments up to $3,000!* FLEXIBLE SCHEDULE: ...


Apply Now ›

Morristown, NJ; New York, NY Description: Fox Rothschild has an opening in multiple offices for a Counsel in our Litigation Department. The ...


Apply Now ›

The Forest Preserves of Cook CountyIs seeking applicants forDeputy Chief Attorney The Forest Preserves of Cook County is seeking a detail-o...


Apply Now ›
06/27/2024
The American Lawyer

Professional Announcement


View Announcement ›
06/21/2024
Daily Business Review

Full Page Announcement


View Announcement ›