Rape, etc. Houston Superior Court. Before Judge Nunn.
Daniell Law Firm, David G. Daniell, for appellant.
George H. Hartwig III, District Attorney, Marie R. Banks, Assistant District Attorney, for appellee.
MILLER, Judge. Doyle, P. J., and Dillard, J., concur.
A jury convicted Andrew C. Reinhard of rape (OCGA § 16-6-1 (a) (1)), aggravated sexual battery (OCGA § 16-6-22.2 (b)), and four counts of child molestation (OCGA § 16-6-4 (a) (1)) against his daughter, as well as enticing a child for indecent purposes (OCGA § 16-6-5 (a)) and two counts of child molestation against his roommate's niece. Reinhard appeals from the trial court's denial of his motion for new trial, contending that: (1) insufficient evidence supported the verdict; (2) the trial court should have excluded the testimony of two bolstering witnesses; (3) the trial court erred in refusing to grant a mistrial after a witness testified that Reinhard's daughter suffered from post-traumatic stress disorder (PTSD); (4) the trial court erred in denying his request for a continuance or a mistrial based on the State's late disclosure of discovery; and (5) the trial court erred in denying his request for a mistrial based on the State's improper opening argument. For the reasons that follow, we affirm.
[331 Ga.App. 236] Viewing the evidence in the light most favorable to the jury's verdict, the record shows that Reinhard's daughter and son lived with their mother and visited Reinhard on weekends. Reinhard's daughter, who was 13 years old at trial, testified that when she was 12 years old, Reinhard frequently asked her to undress in front of him and touched her in his bedroom at his home in Warner Robins. Reinhard touched, kissed, and licked his daughter's breasts on numerous occasions. Reinhard also grabbed his daughter's hand and made her touch his " thingy." Two or three times, Reinhard touched the inside and outside of her vagina with his finger. Reinhard also touched the inside and outside of her vagina with his penis more times than she could count. Reinhard's daughter told her father " no," but he would not stop. Reinhard's daughter described how he got on top of her, put his " thingy" in
her, far enough in that it hurt, and moved up and down.
Reinhard's son, who was ten years old at trial, saw his sister go into Reinhard's bedroom with Reinhard. The door to Reinhard's bedroom would be locked, Reinhard would tell his son not to come near the door, and Reinhard's son could hear his sister screaming and crying in the bedroom.
Approximately six weeks after the abuse began, Reinhard's daughter told her mother that Reinhard asked her to take off her clothes in front of him. When her mother confronted Reinhard, he said that he had his daughter take off her clothes, but that they were just playing around and " it got out of control." Shortly thereafter, Reinhard's daughter told her mother that Reinhard had touched her, and her mother then called the police.
A forensic investigator interviewed Reinhard's daughter in November 2008. A recording of her forensic interview was played for the jury. Reinhard's daughter's therapist, who treated her for childhood sexual abuse, testified that Reinhard's daughter suffered from PTSD and that her symptoms -- including aggression, withdrawal, and intrusive or recurring thoughts -- were consistent with a child experiencing serious trauma. Reinhard's daughter also disclosed to her therapist that Reinhard raped her and digitally penetrated her.
Reinhard's roommate's niece testified that Reinhard took her for a ride in his car in October 2008, when she was 14 years old. Reinhard pulled over on the side of the road, kissed her, told her that he wanted to see her breasts, and tried to put his hand in her shirt. Later that week, she rode in Reinhard's car again, and he once again tried to get her to show him her breasts. They returned to his home, and he kissed [331 Ga.App. 237] her on the lips. After the second incident, the roommate's niece told her aunt that Reinhard kissed her and told her to show him her breasts. She also told her grandmother what happened, and her mother ultimately learned about the abuse. When confronted bye his roommate, Reinhard admitted to kissing her niece.
After the child's mother learned that Reinhard had been arrested, she reported what had happened to the police. A forensic investigator also interviewed Reinhard's roommate's niece, and a recording of her interview was also played for the jury.
A psychologist reviewed both girls' forensic interviews, as well as the police reports, and testified that each girl's demeanor and behavior during her interview was consistent with that of a child who had been molested.
1. Reinhard contends that insufficient evidence supported the verdict because there were no eyewitnesses to his abuse of his daughter, no DNA was recovered from her ...