People v. Heredia-Cobos

Citations

• 2017 COA 130
• 415 P.3d 860

Syllabus

Defendant was convicted of sexual assault on his 9-year-old great niece, Y.P. On appeal, defendant contended that the district court abused its discretion by allowing the forensic interviewer who had interviewed Y.P. to testify that Y.P. didn't show any signs of having been coached. Although such testimony ordinarily is improper (because it's tantamount to vouching for the child's credibility), in this case the testimony was admissible to rebut defendant's defense theory that Y.P. had made up the allegations. Because defendant opened the door to this testimony, it was not error to allow it. Defendant also contended that the district court erred by allowing evidence of his prior acts of a sexual nature involving other relatives in violation of CRE 404(b). He argued that the prior acts were too dissimilar to his alleged assault of Y.P. to be admissible. Evidence that defendant physically assaulted two female relatives who lived with him was probative of defendant's intent to sexually assault another female at his home and was relevant to refute his claim that Y.P. fabricated the allegation. Further, the other act evidence was especially relevant because Y.P.'s testimony was the only direct evidence of defendant's guilt. Thus the potential for unfair prejudice did not outweigh the evidence's probative value, and the district court did not err in admitting evidence of these acts. Additionally, evidence that defendant masturbated in front his 19-year old niece several times (although he did not physically assault her) was also relevant and no more potentially prejudicial than the evidence of the acts involving the other two relatives. But even assuming that allowing this evidence was error, any error was harmless. The judgment was affirmed.