Green v. State

The state negated any inference that a not-guilty verdict would make it worse for the victim by telling the jury that their decision would not change what happened to the victim.

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Harold Lamar Green, also known as “Junior,” was tried before a jury and found guilty of three counts of aggravated sodomy and three counts of aggravated child molestation for sexual acts directed at his minor half-brother, J.A.G. The evidence authorizing these convictions showed that defendant was eighteen at the time of trial, stood six-foot-three, and weighed 248 pounds, while the victim was age eight. From October 1997, to January 1998, defendant lived with his father and shared a bedroom with J.A.G. In a videotaped interview, J.A.G. claimed that defendant committed oral and anal sodomy on J.A.G., and made J.A.G. orally sodomize defendant. Physical examination confirmed that J.A.G.’s anus was red and raw. At first, J.A.G. did not tell his father what was happening because defendant “threatened to hit him,” and J.A.G. was afraid “because he defendant hits hard and J.A.G. didn’t want to be hit.” After J.A.G. and another young boy were discovered acting out sexually, J.A.G. told his mother, his father, and Dalton Police Officers Marvin Thompson and Charlie Mariney what defendant had done to him.

At sentencing, the charges for aggravated child molestation were merged with the respective counts for aggravated sodomy. Defendant’s motion for new trial was denied and this appeal followed. Defendant enumerates the State’s attorney’s closing argument, the extent of cross-examination, the admission of extrinsic acts evidence, and the denial of his motion for new trial on the special grounds of ineffective assistance of counsel and newly discovered evidence. We affirm.

Green v. State

The state negated any inference that a not-guilty verdict would make it worse for the victim by telling the jury that their decision would not change what happened to the victim.

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