The opinion of the court was delivered by
The defendant, Craig S. Wilson, appeals his jury convictions of
two counts of aggravated criminal sodomy pursuant to K.S.A.
The issues for review relate to: (1) the adequacy of the
information and of the jury instructions pertaining to aggravated
criminal sodomy; (2) the failure of the trial court to instruct
under K.S.A. 60-455 on other crimes evidence; and (3) the
admission of a social worker's testimony, which Wilson contends
vouched for the alleged victim's credibility.
We find no error and affirm.
In July 1984, Craig S. Wilson began dating Levoria B. Levoria's
son, S.D., was one year old at the time. Wilson moved in with
Levoria and they began a sometimes stormy three-year
relationship; during this time, S.D. was in his mother's custody.
Wilson testified that Levoria trained S.D. to blame Wilson for
problems which developed in their home.
In early October of 1987, Levoria was arrested for various
traffic violations and was held in the Wyandotte County Jail for
most of that month. S.D. continued to live with Wilson, either at
Levoria's apartment or in the home of Wilson's sister.
At the time of trial, S.D. was five years old. S.D. testified
that Wilson put his penis into S.D.'s anus. With the use of
anatomically correct dolls, the child showed how Wilson's penis
was inserted into S.D.'s anus. S.D. stated this occurred
"bunches" of times and that it hurt. S.D. testified that Wilson
hit him in the head with his hand and with a belt.
S.D.'s foster mother testified that S.D. would wake up crying
because of bad dreams about Wilson. S.D. told her how Wilson
would beat him with an extension cord and put his penis into
S.D.'s anus, causing S.D.'s anus to bleed.
Vanilla B., S.D.'s paternal grandmother, testified that while
Levoria was still in jail she received a call from Levoria.
Levoria requested that the grandmother take S.D. from Wilson
since S.D. had told Levoria, during a telephone conversation,
that Wilson had been "messing" with him. Vanilla B. stated that
Levoria had also told her of Levoria's suspicion that Wilson had
abused S.D. before Levoria went to jail. Vanilla B. stated that
S.D. told her that Wilson had put grease on S.D.'s bottom and had
messed with him (S.D.) with his (Wilson's) penis.
Levoria testified that, after she was released from jail, S.D.
told her that a little boy had been "messing with his bottom" and
that she had confronted that child's mother regarding the
incident. At trial, S.D. denied telling his mother that some
little boys had messed with his bottom, only that they had messed
with his bike.
Levoria testified that the only thing S.D. had said about
Wilson was that "he whooped him once." She denied that, during a
telephone conversation with S.D. while she was in jail, S.D. had
made allegations against Wilson of sexual abuse. She stated that,
because she was angry with Wilson and wanted him to find out what
it was like to be in jail, she made a statement to the police in
November 1987 alleging that Wilson had sexually abused S.D. In
that statement, Levoria indicated that, upon her release from
jail, S.D. told her that Wilson had been forcing S.D. to engage
in sexual conduct. She also claimed that she confronted Wilson
regarding that allegation and that Wilson denied it, but glanced
threateningly at S.D. while doing so.
Earlier in November 1987, Levoria had taken S.D. to the
emergency room at the University of Kansas Medical Center.
Jan Reynolds, a sexual abuse social worker at the medical
center, testified that she received information from S.D.,
Levoria, and Vanilla B. regarding various types of sexual conduct
which Wilson was alleged to have engaged in with S.D. Reynolds
stated that Levoria directed S.D. to tell her "what he [Wilson]
stuck into him [S.D.]."
S.D. was then examined by Barbara Sniffen, M.D. Dr. Sniffen was
informed by Levoria that Wilson had placed his penis in S.D.'s
bottom. Her examination revealed no signs of lacerations or other
While at the medical center, both Levoria and S.D. were
interviewed by Kansas City Police Officer Herman Smithey. Officer
Smithey testified that while Levoria told him that Wilson had
touched S.D.'s penis, forced S.D. to touch and kiss Wilson's
penis, and placed his penis into S.D.'s bottom, S.D. only stated
to him that Wilson had touched his penis and stomach and had
struck him in the face with his hand.
Through the use of a colposcope, Dr. Joyce Adams, a
pediatrician at the medical center, detected a one centimeter
long scar in S.D.'s anal area. The colposcope is a microscope
that magnifies an area fifteen times and allows careful
examination of tissue. Dr. Adams estimated that the injury was
two to three weeks old. She stated that the injury was consistent
with anal penetration by a "penile size object," and consistent
with the history given by S.D. On cross-examination, she admitted
that the scar could have resulted from penetration by an
inanimate object, but that it was unlikely that the scar was
caused by a finger unless considerable force had been used.
Near the end of November 1987, Levoria was admitted to the
psychiatric unit at the medical center. Dr. Robin Barr testified
that Levoria had been committed by the court and was psychotic
during the entire time of her hospitalization.
Dr. Elizabeth Pennick, a clinical psychologist at the medical
center, testified that Levoria was not coherent and was nervous.
During an interview with Dr. Pennick, Levoria alluded to the fact
that her boyfriend had abused her son, that this had frightened
her a great deal, and that she believed her boyfriend had control
over her thinking.
Dr. Pennick testified that despite Levoria's psychotic state
she did show concern for her son and that a few weeks earlier
Levoria would have been able to respond appropriately regarding a
report of sexual abuse of her son. However, Dr. Pennick testified
that because of this same disorganized mental state it is
implausible that Levoria would have been mentally capable of
planning a complicated plot of revenge.
Levoria left the medical center without authorization in
December 1987 and was subsequently picked up and taken to
Osawatomie State Hospital.
In April of 1988, about three months prior to trial, Levoria
told Wilson's attorney that Wilson had not sexually abused S.D.
Levoria stated that she had forced S.D. to say Wilson had
molested him because she was mad at Wilson for leaving her in
jail and for not posting bond. She signed an affidavit to that
effect which the attorney had prepared.
At trial, Levoria testified that she still loved Wilson and
wanted to be with him again. She admitted that after learning of
S.D.'s anal scar, she began coaching S.D. to ...