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Frei v. State

Evidence that defense counsel and his wife met with the child molestation victim on the day before trial, encouraged her to engage separate counsel and told her she did not have to attend defendant's trial provided a solid foundation for the trial court's inquiry into possible witness tampering.

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Following a jury trial, James Alexander Frei appeals his conviction for aggravated child molestation, statutory rape, incest, sodomy, and child molestation, contending that the trial court erred by: 1 intimidating witnesses and bullying defense counsel; 2 admitting Frei’s confession into evidence; 3 failing to grant a new trial because the State did not disclose information that the victim made a prior accusation of molestation against her uncle; 4 improperly restricted elicitation of good character evidence from his wife; and 5 improperly commented on the evidence. For the reasons set forth below, we affirm.

Viewed in the light most favorable to the verdict, the record shows that Frei engaged in sexual intercourse with his minor stepdaughter approximately 50 times. Distraught and feeling guilty, Frei admitted the crime to police in both written and oral statements. At trial, the victim described these acts of sexual intercourse to the jury, and Frei’s wife, Corrie, testified both that Frei admitted the crime to her and that she had seen a videotape in which Frei had touched her stepdaughter inappropriately. In summary, the victim described the crimes, Frei admitted to the crimes, and witnesses corroborated the crimes. Certainly, this evidence was more than sufficient to support the conviction. See Jackson v. Virginia.1

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