APPEAL FROM THE TWENTY-FOURTH JUDICIAL DISTRICT COURT PARISH
OF JEFFERSON, STATE OF LOUISIANA NO. 15-5654, DIVISION
"I" HONORABLE NANCY A. MILLER, JUDGE PRESIDING
COUNSEL FOR PLAINTIFF/APPELLEE, STATE OF LOUISIANA Paul D.
Connick, Jr. Terry M. Boudreaux Thomas J. Butler Seth Shute
COUNSEL FOR DEFENDANT/APPELLANT, TIMMY W. DOUCET Prentice L.
White DEFENDANT/APPELLANT, TIMMY W. DOUCET In Proper Person.
composed of Judges Susan M. Chehardy, Fredericka Homberg
Wicker, and Hans J. Liljeberg
M. CHEHARDY, CHIEF JUDGE
T.W.D., appeals his conviction for aggravated rape
of a juvenile under the age of thirteen. For the following
reasons, we affirm defendant's underlying conviction and
sentence of life imprisonment, without benefit of parole,
probation, or suspension of sentence, and remand the matter
for correction of the hard labor commitment and the Uniform
January 14, 2016, a Jefferson Parish Grand Jury indicted
defendant, T.W.D., with aggravated rape of a known juvenile
wherein the victim was under the age of thirteen, in
violation of La. R.S. 14:42. On November 29, 2016, the
three-day trial commenced before a twelve-person jury, which
unanimously found defendant guilty as charged. On December 5,
2016, after defendant's post-trial motions were denied
and defendant waived sentencing delays, the trial judge
sentenced him to life imprisonment without benefit of parole,
probation, or suspension of sentence. Defendant filed a
timely motion for appeal that was granted.
trial, S.D., the victim-herein, testified that she was born
on June 25, 2003, she was currently thirteen years old, and
she was a resident of Carriere, Mississippi. She further
testified that defendant was her father's brother.
trial, S.D. described the initial incident that occurred when
she was eight years old. At the time, defendant and his
longtime girlfriend, T.P., were visiting the victim and her
family at their home in Carriere, Mississippi. The victim was
watching television in her room when defendant walked in and
began talking with her. S.D. remembered that, all of a
sudden, defendant told her to take off her pants. Although
S.D. told him, "No," he forced her pants off. She
tried to cover herself but defendant uncovered her, unzipped
his pants, and took out his "crotch." S.D. wanted
to call for help but defendant covered her mouth, slapped
her, and told her to "shut up." Defendant then
turned her around and pinned her against the bed then
inserted his "crotch" into her
"crotch." The victim testified that, "[t]hen
like it was in there, he didn't move at all." She
said that it was painful. He eventually took his
"crotch" out and he said, "Tell anyone what
happened and I will beat you up." Afterward, defendant
walked back to the living room.
victim was too scared to tell anybody what had happened
because she thought that defendant would beat her up. She
further stated that defendant abused her other times in that
house but she did not remember the details like she did the
first time it happened.
victim recounted another incident that happened when she was
eight years old and visiting her grandparents in Louisiana.
She and her brother were sleeping in the living room of that
house. She was on the floor and her brother was on the couch.
Early one morning, at approximately 6:00 a.m., while she and
her brother were sleeping, defendant came into the living
room and shook her to wake her up. The victim did not wake up
so defendant picked her up. When she became aware that
defendant was lifting her, she struggled to get out of his
grasp because she knew that he was going to abuse her.
morning, defendant carried S.D. into a shed in the backyard
and pinned her over a barrel in the shed. Defendant then took
off her pants, unzipped his pants, and inserted his
"crotch" inside of her again. When S.D. screamed,
he told her to "shut up." The victim recalled that
it hurt more than it did when it happened the first time at
her house. After it was over, she went back to where she was
sleeping and hid underneath her blanket, but she did not tell
anyone what happened because she was still scared.
victim testified that the sexual abuse happened more than one
time at her grandparents' house but that those
occurrences were mainly in the guest room. She explained that
the sexual abuse happened a few times at her
grandparents' house in Jefferson Parish, but not as many
times as at her house in Mississippi.
victim also recounted that, one time, her mouth touched
defendant's "crotch." She recalled that
occurred in the bathroom at her house in Carriere and that
she was standing and defendant was sitting on the sink. She
stated that it made her feel very uncomfortable and made her
gag. The victim stated that she wanted to run away but
defendant would not let her.
testified that defendant made her kiss him a few times on the
mouth. She further stated that at some point, defendant's
mouth touched her "crotch" and breasts, and that he
sucked on her breasts, which made her feel uncomfortable.
victim testified that she was ten years old the last time
defendant "abused her," because that was one of the
last occasions that he was allowed at their house. The victim
explained that her father banned defendant from their house
because defendant tried to hurt her father by running over
him with a car after an argument.
recalled that the first person she told that defendant was
"sexually abusing" her was B.D., her mother. S.D.
stated that she was on the bus on her way home from school
one day when she decided to tell her mother. She explained
that she was happy she was not seeing defendant anymore and
that she felt better about being able to tell someone what
happened. S.D. felt brave enough to tell her mother because
they had recently moved and defendant did not know where she
lived anymore and could not find her. She believed that she was
twelve years old when she made that decision.
B.D. learned of the abuse, she became very
upset. B.D. decided to wait for S.D.'s
father, M.D., to get home from work then they went to the
police station in Mississippi. The victim gave her initial
statement to the Pearl River County Police Department. During
that statement, the victim revealed that her uncle had also
abused her at her paternal grandparents' house in
Jefferson Parish. The Pearl River County authorities advised
the victim and her parents that they would need to make a
similar report in Jefferson Parish.
the victim met with Detective Judd Harris of the Jefferson
Parish Sheriff's Office, and gave a similar statement to
the detective outlining the incidents that had occurred. She
was subsequently seen by Dr. Jamie Jackson at Children's
Hospital in New Orleans and referred for counseling and
services to the Audrey Hepburn Care Center. The victim
rendered a consistent and detailed account of the abuse to
trial, the victim's mother, B.D., testified that, in
2009, their family moved into a house in Carriere,
Mississippi, where they lived when S.D. was between the ages
of eight and ten. B.D. stated that S.D.'s paternal
grandparents lived at 5049 Richland in Jefferson Parish when
S.D. was between eight and ten years old. B.D. stated that
S.D. and her brother spent the night there more than twenty
times and sometimes for whole weekends. B.D. testified that
defendant mostly lived there. B.D. agreed that, at some
point, M.D. banned defendant from their house because
defendant and his former girlfriend, T.P., physically fought
at their house.
victim's father, M.D. stated that his parents, and, for a
short time, his brother, lived at 5049 Richland. M.D. state
that there were two backyard sheds at that address. M.D.
described one of the sheds as a fourteen foot by forty foot
long shed with two sections. M.D. testified that there were
large water barrels and drums stored in the back section.
M.D. agreed that he banned defendant from his house because
of a violent incident between defendant and defendant's
victim's parents testified that they have two children,
S.D. and A.D., who have both been diagnosed with Asperger
Syndrome, an autism spectrum disorder. B.D. noted that S.D.
had challenges with social skills at school. She described
S.D. as being bluntly honest and very creative. B.D.
testified that S.D. loved to draw, create comic books, write
stories, and play video games. She said that Japanese
animation called "anime" was her favorite thing to
draw. B.D. recalled that S.D.'s comic books were fantasy
fiction and child-based and did not represent sexual activity
Jamie Jackson, who was accepted as an expert in the field of
child abuse pediatrics, examined S.D. at the Audrey Hepburn
Care Center, which is part of Children's Hospital through
LSU in New Orleans. Dr. Jackson testified that S.D. gave a
clear history of sexual abuse by defendant involving
penile-vaginal, digital-vaginal, and oral-breast contact when
she was between eight and ten years old. She testified that
S.D. indicated that defendant shoved "his private"
into her "private" and that S.D. indicated on a
diagram what she was talking about when she said those words.