State v. Moore, 39501-4-III

UNPUBLISHED OPINION

Fearing, J.

Akeem Moore challenges two convictions for rape of a child, one of which allegedly occurred in an old house and a second which allegedly occurred in a Motel 6. He argues insufficient evidence sustains the crimes' element that the rapes occurred in Washington State. After reviewing the entire trial record, we conclude that sufficient evidence supports a jury finding beyond a reasonable doubt that a rape at Motel 6 occurred within the state of Washington, but insufficient evidence supports a verdict that a rape occurred in an old house in Washington. We affirm one conviction and reverse one conviction.

FACTS

This prosecution arises out of the alleged rape of a child, Jane, by her father, Akeem Moore. Because Moore challenges the sufficiency of the State's evidence to

demonstrate that one or both of the rapes occurred within Washington State, we present the facts in the light most favorable to the State. Because of the importance of the words used by those testifying, we quote at length trial testimony.

Jane is a pseudonym. We employ pseudonyms for all children. The facts are difficult to follow without a glossary of Akeem Moore's and Jane's family members.

Akeem Moore Father of Jane. Accused

Brandon Corsair Uncle of Jane. Son of Sandra Camden. Lives in Arkansas. Adopted Richard, Jane's younger brother

Candice Ferguson Mother of Jane. Wife of accused.

Jane Child victim.

John Older brother of Jane. Son of Akeem Moore and Candice Ferguson.

Michael Camden Brother of Sandra Camden. Granduncle of Jane. Resides most of the relevant time in Arkansas.

Neomyah Haskins Boyfriend of Tabitha Camden, aunt of Jane.

Richard Younger half-brother of Jane. Fathered by one other than Akeem Moore.

Sandra Camden Grandmother of Jane. Mother of Candice Ferguson. Mother-in-law of the accused.

Tabitha Camden Aunt of Jane. Sister of Candice Ferguson. Daughter of Sandra Camden

Tawnya Older cousin of Jane. Tabitha Camden's daughter.

Appellant Akeem Moore and Candice Ferguson parented two children: Jane and John. Jane was born in June 2014. John is one year older. Father Akeem Moore had no contact with Jane between December 1, 2016 and January 1, 2019. The State alleged the rapes occurred between January 2019 and October 2019.

Candice Ferguson frequently moved because of poverty, and she and her children often stayed in cars and motels, including Motel 6s. Ferguson struggles with addictions.

According to grandmother Sandra Camden, Ferguson and her two children likely stayed in more than one Motel 6. The children also lived in numerous foster care homes both before and after the incidents giving rise to the criminal charges.

We lay the backdrop for the contact between Akeem Moore and Jane beginning in January 2019, by outlining where Jane lived. In January 2019, Jane lived in the home of her maternal grandmother, Sandra Camden, at Springbrook Lane Apartments in Lakewood, Pierce County. Also living in the Springbrook Lane apartment were Jane's mother, Candice Ferguson; Jane's elder brother, John; Jane's younger half-brother, Richard; Jane's aunt Tabitha Camden; the aunt's boyfriend Neomyah Haskins; and Jane's cousin, Tawnya. No one testified that Akeem Moore stayed at the Springbrook Lane Apartments, let alone that he entered the grandmother's apartment.

In April 2019, the landlord evicted Jane's extended family from Springbrook Lane Apartments. Mother Candice Ferguson, Jane, and John departed to an apartment in Sunrise, Oregon, to live with Akeem Moore. Grandmother Sandra Camden does not know if the couple and the two children stayed in any Motel 6 on the way to Oregon or at any time in Oregon. The remaining family members from the Springbrook Lane Apartments moved to Arkansas because of the lower cost of living. Sandra Camden grew up in Arkansas, and some of her family continued to live in that state. Those moving to Arkansas stopped in Oregon in route to Arkansas. Sandra Camden, concerned

about John and Jane's wellbeing, unsuccessfully tried to convince Candice Ferguson to let the children come to Arkansas.

One month later, in May 2019, Candice Ferguson, Jane, and John, moved to Arkansas to join the rest of the family. A child protection services agency assisted the trio with the relocation. We do not know the reason for the intervention of the child protection agency. Father Akeem Moore remained in Oregon. Neomyah Haskins and Tabitha Camden broke up, and Haskins left Arkansas before the rest of the family departed the state.

In September 2019, the extended family departed from Arkansas to return to Pierce County. Grandmother Sandra Camden could not procure in Arkansas the care she needed for her multiple sclerosis. Candice Ferguson was pregnant and wanted to return to Akeem Moore. Jane's younger half-brother Richard remained in Arkansas, where Uncle Brandon Corsair adopted him. Sandra Camden's brother, Michael Camden, who had resided in Arkansas before the appearance of the clan, returned with his sister's family to Washington. We do not know where family members slept at night on their arrival in Pierce County in September.

The extended Camden family separated, in October 2019, after returning to Washington. Sandra Camden drove back to Arkansas to ferry her brother and check the mail. Michael Camden needed to return to Arkansas because he had attempted to steal a van.

While Sandra Camden drove to and from Arkansas, Tabitha Camden, Candice Ferguson, and the two sisters' children, Tawnya, John, and Jane, stayed for awhile in a Motel 6. During trial, Tabitha Camden first testified that the two sisters and their children stayed in Motel 6 a couple times. She later testified that she and her daughter stayed in the motel only one night and then moved to an Econo Lodge. Tabitha testified that Akeem Moore joined them at the Motel 6. Ferguson, Moore, and the couple's children stayed longer in the Motel 6 than Tabitha Camden. Moore told a law enforcement officer that he once visited with his family in a motel. Eventually, in October 2019, Candice Ferguson, John, and Jane left with Moore to return to Oregon.

In the meantime, Sandra Camden attempted to leave her brother in Arkansas, but he refused to exit the car. Sandra Camden returned to Washington State, through Colorado, and placed her brother behind a Walmart store with his three children and a dog. In October 2019, grandmother Sandra returned to Pierce County. She was homeless and lived in a van at first, but then a friend, Robin, opened her home to Sandra Camden and presumably others.

Eventually, Sandra Camden procured an apartment in Tacoma. Later in October 2019, Jane and John returned to the residence of maternal grandmother Sandra Camden in Tacoma. Candice Ferguson abandoned the children at the Tacoma apartment.

Candice Ferguson sometimes took John and Jane to Akeem Moore's mother's house in the Tacoma area. We do not know the name of Moore's mother. We do not

know what dates or even months, between January and October 2019, that the children stayed at the paternal grandmother's home. Candice Ferguson and Akeem Moore also spent some nights at the Tacoma home of Moore's mother. The paternal grandmother lived in a house, rather than an apartment. Moore told the police officer that, during one night when his children stayed at his mother's residence, the children slept in his bedroom, while he slept in a car.

We now outline trial testimony about the alleged rape and then Jane's reporting of the molestation. After the allegations arose, Keri Arnold, a forensic interviewer, interviewed Jane. The jury saw and heard the videotape of the interview. In the video, Jane discussed rapes occurring in an "old house" and "hotel."

KERI ARNOLD: Where did daddy put his pee-pee in your pee-pee?

[JANE]: At the hotel and the old house.

KERI ARNOLD: Where is the old house?

[JANE]: Um, it's far away.

Exhibit 1-A at 02:04:10 PM (citation to time of day depicted in video exhibit).

KERI ARNOLD: When daddy stuck his pee-pee in where were you at?

[JANE]: I was at the old house.

KERI ARNOLD: Where in the old house were you?

[JANE]: Just take a left and a right and go . . . it's a number one, so you have to [inaudible] and get a phone at the office.

KERI ARNOLD: Okay. So how about . . . when daddy stuck his pee-pee in, where were you at the house?

[JANE]: Um, because, because, my nana dropped me off, and my mom dropped me off with him.

Exhibit 1-A at 02:07:40 PM

KERI ARNOLD: Did daddy stick his pee-pee in your pee-pee at just one old house, or was it more than one old house?

[JANE]: One old house and one hotel.

Exhibit 1-A at 02:26:16 PM

KERI ARNOLD: Tell me about the old house. What did the old house look like?

[JANE]: The old house is with brown stuff in there and there's a kitchen we got all the stuff out of the car.

Exhibit 1-A at 02:26:44 PM

KERI ARNOLD: Who lived at the old house?

[JANE]: My dad and my mom and [John] and me.

Exhibit 1-A at 02:27:33 PM

KERI ARNOLD: When daddy stuck his pee-pee in your pee-pee, where did [half-brother] [Richard] live?

[JANE]: With Brandon.

KERI ARNOLD: With Brandon?

[JANE]: Mm-hm.

Exhibit 1-A at 02:37:42 PM

Jane testified at trial. Jane responded during direct examination:

Q. Can you tell me what happened?

A. We went in this little Motel 6, and we-I slept on one bed, and my dad slept on the other bed.

Q. Then what happened?

A. And then my privates got touched.

Q. By who?

A. By my dad. . . . .

Q. Nope. Okay. Is that the only place that happened?

A. No.

Q. Where else did it