State v. Hayman

347 So.3d 1030

STATE of Louisiana

v.Sylvester HAYMAN

NO. 20-KA-323

Court of Appeal of Louisiana, Fifth Circuit.

April 28, 2021

COUNSEL FOR PLAINTIFF/APPELLEE, STATE OF LOUISIANA Joel T. Chaisson, II, Louis G. Authement

COUNSEL FOR DEFENDANT/APPELLANT, SYLVESTER HAYMAN, Gwendolyn K. Brown

Panel composed of Judges Marc E. Johnson, Stephen J. Windhorst, and Hans J. Liljeberg

LILJEBERG, J.

Defendant, Sylvester Hayman, appeals his conviction on count two for attempted indecent behavior with a juvenile and his sentences on both count one for indecent behavior with a juvenile and count two for attempted indecent behavior with a juvenile. For the following reasons, we affirm defendant's conviction on count two and his sentence on count one. However, we remand the matter to the trial court for resentencing on count two and for correction of the Uniform Commitment Order.

PROCEDURAL HISTORY

On March 27, 2018, the St. Charles Parish District Attorney filed a bill of information charging defendant, Sylvester Hayman, with two counts of molestation of a juvenile in violation of La. R.S. 14:81.2. Defendant was arraigned on the same date and pleaded not guilty. The bill of information was amended on March 11, 2019, to charge defendant with two counts of indecent behavior with a juvenile in violation of La. R.S. 14:81 and to include the birthdates of both victims, E.G. (4/27/09) and A.M. (11/14/11).¹ Defendant was re-arraigned the same day and pleaded not guilty. The bill of information was again amended on June 25, 2019, to remove the phrase "by use of influence by virtue of defendant's care, custody, control and supervision of the juvenile" from the description of both counts as this language pertained only to the original charges of molestation of a juvenile. Defendant was re-arraigned that same date and again pleaded not guilty.

Jury selection began on June 25, 2019, and the twelve-person jury unanimously convicted defendant on June 27, 2019, of indecent behavior with the juvenile, E.G. (count one), and attempted indecent behavior with the juvenile, A.M. (count two). The trial court requested a pre-sentence investigation prior to sentencing. Defendant then filed motions for new trial and for post-verdict judgment of acquittal on July 9, 2019. The trial court heard and denied these motions on July 16, 2019. On October 1, 2019, the trial court sentenced defendant on count one to twenty years of imprisonment in the Department of Corrections with two years to be served without the benefit of parole, probation, or suspension of sentence. As to count two, the trial court sentenced defendant to ten years of imprisonment in the Department of Corrections with one year to be served without the benefit of parole, probation, or suspension of sentence. The trial court ordered the sentences to run consecutively, and also ordered defendant to register as a sex offender for fifteen years upon his release from custody.

Defendant filed a motion to reconsider sentences on October 29, 2019. On November 14, 2019, the trial court heard and denied the motion. The next day, defendant filed a motion for appeal, which was granted on November 25, 2019. On appeal, defendant challenges the sufficiency of the evidence presented on count two, as well as the trial court's denial of his motions for new trial and for post-verdict judgment of acquittal as to that count. Defendant also challenges his sentences as excessive, as well as the trial court's denial of his motion to reconsider his sentences.

FACTS

At trial, Deputy Emory Putman testified that on November 26, 2017, he and Deputy Adam Coley were dispatched to 452 Killona Drive in Killona, Louisiana, regarding a dispute between two family members, K.A.² and defendant. Deputy Putman testified that K.A. was located outside of the home when they arrived. K.A. explained to the deputies that when she arrived at the residence, she had an altercation with defendant regarding allegations of sexual abuse by defendant involving two children located inside of the residence — E.G. (8 years old) and A.M. (6 years old). The residence located at 452 Killona was owned by the children's great-grandmother, E.B., and at that time, the children lived there with her and their two other siblings, as well their grandmother, T.B., and defendant, who was her longtime boyfriend at the time.³

Deputy Putman testified that he entered the home and he spoke to the children in a separate area away from the adults. However, there was no door and the grandmother, T.B., repeatedly interrupted. Deputy Putman testified that he first spoke with D.D., the brother of E.G. and A.M.⁴ Deputy Putman explained that D.D. appeared upset, concerned, and "nervous about saying what he had to say." The State played portions of the video and audio recorded at the scene by the deputy's police unit, which included audio of the deputies’ conversation with D.D. D.D. explained how he and his sisters spent time at his aunt K.A.’s house over Thanksgiving. He explained that during their visit, A.M. told another girl, Mariah, about alleged sexual abuse by defendant, who the children referred to as "Grandpa Sy." When the deputy attempted to question A.M. about what happened with Grandpa Sy, she became emotional, started crying, and hugged herself.

After these discussions, the deputy requested that a juvenile detective come to the scene. Deputy Putman indicated that Detective Jennifer Williams later arrived. Neither defendant nor K.A. were arrested at that time in connection with the disturbance that originally brought him to the scene nor with the sex abuse allegations raised against defendant.

Deputy Coley with the St. Charles Parish Sheriff's Office also testified that he was dispatched to 452 Killona Drive on November 26, 2017. He testified that he learned K.A. was at the residence because she brought the children back home after spending time at her home in Covington, Louisiana. K.A. explained that she was upset when she saw defendant at the residence and confronted him about the sexual abuse allegations the children reported to her. Deputy Coley testified that K.A. indicated she was angry with defendant because she believed he was a child molester.

Deputy Coley also entered the home to speak with the children. He described D.D. as guarded and uncomfortable. When they asked D.D. about the allegations the girls made against defendant, Deputy Coley explained that D.D. made a hand gesture. D.D. said the girls made this same hand gesture at K.A.’s house. When asked to demonstrate the hand gesture made by D.D. at trial, Deputy Coley made a circle with one hand and inserted his pointer finger from his other hand through the circle. Deputy Coley testified that when he asked A.M. what happened with "Grand Daddy Sy," she bent over, dropped her head, and began crying.

Former Detective Jennifer Williams testified that she retired from the juvenile division of the St. Charles Parish Sheriff's Office in April 2018. She was also called to 452 Killona Drive on November 26, 2017, concerning a disturbance and an allegation regarding children. Ms. Williams stated that upon her arrival, Deputy Coley explained the situation to her. She did not attempt to speak to the children at the scene. Rather, she instructed K.A. to remove the children from the home and bring them to the juvenile division the next day. She further testified that she did not arrest defendant that night.

Ms. Williams stated that K.A. brought the children to meet her the next day. Ms. Williams and Detective Holly Laurent took recorded statements from the children's great-aunt, K.A., the children's grandmother, T.B., D.D., A.M., and E.G., who is D.D. and A.M.’s sister. According to Detective Laurent, D.D. explained that he told his aunt, K.A., about a conversation his sisters and a friend of the family named Mariah had about something that happened with Grandpa Sy. D.D. did not provide any further details regarding the conversation.

During her interview with E.G., Detective Laurent found E.G. was withdrawn. E.G. shut down and did not want to talk once they began discussing why she was there. E.G. told Detective Laurent that her brother and Mariah told her aunt something, but she did not know what. E.G. also told her that when she asked her sister why she always went with Grandpa Sy, her sister responded, " ‘[w]ell if I don't, he's going to kill me.’ " Detective Laurent testified that she then asked E.G. if she "hung out" with defendant, and E.G. replied that she did not. Detective Laurent asked E.G. why not and testified that E.G. "immediately shut down. She tried to speak. She would speak a couple of words. She started saying, ‘[w]ell when I was five, six, and seven,’ and then she kind of paused a little bit, and then she said, ‘there was a white trailer.’ She paused for a little bit, and then she said, ‘[y]ou know, I want to tell you. I just can't say the word.’ " Detective Laurent testified that she then asked E.G. if she could spell the word, and E.G. answered affirmatively. Detective Laurent testified that she "spelled out ‘S-E-X’." Detective Laurent then asked E.G. if it was a good or bad thing, and E.G. told her it was bad.

Detective Laurent also asked E.G. if defendant used his hands, and E.G. responded affirmatively. She asked E.G. if defendant used any other body parts, and E.G. again indicated he had. Detective Laurent testified that she asked what body parts were used, but E.G. began crying and would not answer. She also asked E.G. if this happened once or more than once, and E.G. told her it was just one time.

Detective Laurent then spoke to A.M., who was six years old at the time of the interview. Detective Laurent described A.M. as very withdrawn. After asking general questions, Detective Laurent asked her about the conversation she had with her sister and Mariah in the bathtub. She stated that A.M. then shut down, would not answer any more questions, and started crying. Detective Laurent testified that sh...