MCFADDEN, P. J., BRANCH and BETHEL, JJ.
McFadden, Presiding Judge.
jury trial, John C. Neale III was convicted of three counts
of child molestation. On appeal, he argues that the three
counts merge, but the counts were based on separate conduct
so they do not merge. Neale argues that the trial court erred
by admitting other acts evidence, but he has not shown that
the trial court abused his discretion in determining that the
admittedly prejudicial nature of the evidence was outweighed
by its probative value. Neale argues that he was denied the
right to be present at critical stages of his trial, but
Neale did not have a right under the Georgia Constitution to
be present when the trial court addressed summoned
prospective jurors before his trial started and he has not
shown that he raised with the trial court the issue of his
inability to hear pretrial proceedings. So we affirm.
appeal from a criminal conviction,
the evidence must be viewed in the light most favorable to
the verdict, and the defendant no longer enjoys the
presumption of innocence; moreover, an appellate court does
not weigh the evidence or determine witness credibility but
only determines whether the evidence is sufficient under the
standard of Jackson v. Virginia, 443 U.S. 307 (99
S.Ct. 2781, 61 L.Ed.2d 560) (1979).
Morris v. State, 322 Ga.App. 682 (1) (746 S.E.2d
162) (2013) (citation omitted). So viewed, the evidence
showed that Neale, a retired child and adolescent
psychiatrist who lived in Tennessee, was visiting family in
Georgia. He was staying with his daughter, L. N. H., her
husband, P. H., and their four daughters, E. H., M. H., J.
H., and the victim, K. H. K. H. was six years old at the
time. Neale visited L. N. H.'s family often. L. N. H.
testified that at first Neale slept in an extra bed in J.
H.'s room, but then he slept in the same bed as K. H. in
K. H.'s room.
night, L. N. H. entered her daughter K. H.'s bedroom
without knocking. She did not usually enter without knocking,
but she had been feeling uncomfortable based on things her
daughters had described to her. For example, they told her
that K. H., J. H., and Neale would play a game where they
tried to pull down each other's pants and that Neale
warned the girls not to tell their parents.
N. H. entered the bedroom, Neale was in bed with K. H. L. N.
H. saw Neale's hand moving under the covers in the region
of K. H.'s vagina. When L. N. H. asked Neale what he was
doing, K. H. hopped out of the bed and she was naked. L. N.
H. told K. H. to put on her pajamas and then L. N. H. left
the room. Ten days later, K. H. told her mother that Neale
used a back massager on her vagina.
M. H., J. H., and K. H. testified about interactions with
Neale. E. H. and M. H. testified that when the girls stayed
at his house in Tennessee, K. H. slept with Neale in his room
with the door locked, which E. H. found to be weird. The
sisters would bathe in Neale's large, jetted bathtub.
Although E. H. wore her bathing suit, the other girls were
naked. Neale would remain in the room, claiming he needed to
stay in case their hair got caught in the jets. J. H.
testified that he touched her and K. H. on the chest,
buttocks, and vagina. K. H. testified that Neale would
massage her vagina with a massager. E. H. and M. H. testified
that Neale showed them a YouTube video of a horse's
penis, which made M. H. feel uncomfortable, and that he
demonstrated sexual intercourse to them using wooden models
of female and male sexual organs.
state presented other acts evidence from four witnesses. A
witness who was L. N. H.'s best friend in elementary
school testified that she was at the Neales' house every
weekend. She testified that Neale would watch her and L. N.
H. dance naked on a platform in Neale's bedroom. When the
witness spent the night, sometimes Neale would sleep in his
bed with the two girls while they were naked. He once gave
the witness a piggyback ride while she was naked and he
touched the witness's vagina. Neale showed the witness
medical books with pictures of naked women and explained that
she would look like the women in the pictures when she was
H. and another witness, a friend of L. N. H.'s sister,
testified that when they were children, they would play strip
dodge ball and Neale would watch. The witness testified that
Neale would be giddy as he watched. That witness also
testified that when she was a teenager, Neale told her that
two of his children were close in age because immediately
after one of them was born, Neale and his wife had
intercourse in the hospital room since his wife could not get
enough of him.
H. testified that when she was in elementary school, Neale
instructed her that if she touched her clitoris it felt good.
He gave her Penthouse, Playgirl, and Playboy magazines. L. N.
H. testified that her older sister slept with Neale until she
married at age 19. The bedroom door was locked. Neale paid L.
N. H. and her sister to remove their clothing and to allow
Neale to photograph them naked. Like her childhood friend, L.
N. H. testified that Neale watched her and her friend dance
Neale's former wife, the mother of L. N. H. and the
grandmother of K. H., testified that she and her brothers
were living in a children's home when Neale, who was in
college, began working there as a volunteer. When she was six
years old and ...