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Greulich v. State

Legally obtained pornographic books and videos were admissible based on sufficient linkage between the materials and the various sexual crimes charged.

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After a jury trial, Vincent A. Greulick was convicted of rape, aggravated sodomy, aggravated child molestation, aggravated sexual battery, exhibiting harmful materials to minors, and five counts of child molestation, from which he appeals. Finding that the trial court did not abuse its discretion in admitting evidence and that the convictions were supported by evidence, we affirm, because after viewing all the evidence in the light most favorable to the jury’s verdict, a rational trier of fact would have found beyond a reasonable doubt that he was guilty and that each element of each offense was supported by evidence showing guilt beyond a reasonable doubt.1 Greulick was the step-father of B. D., the 11 year old victim. While his wife was at work, Greulich was alone with B.D. and her brother J.D. Greulich told Jacob to leave the house; after J.D. left, Greulich closed the door and made B.D. watch pornographic lesbian movies with him. Then, Greulich sexually molested B.D. and made her perform sexual acts with him, including oral sex and vaginal penetration. Such sexual molestation occurred on at least two occasions. When B.D. visited her father and step-mother, she told them of the sexual acts. The next day, they took B.D. to the Children’s Services division of the Department of Human Services.

During trial, the admission of legally obtained pornographic books and videos were objected to by the defense as irrelevant and prejudicial. Out of the presence of the jury, an evidentiary hearing was conducted as to the admissibility of such pornography, and the trial court found the evidence admissible prior to its admission.

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