Appealed from the First Judicial District Court for the
Parish of Caddo, Louisiana Trial Court No. 343, 641 Honorable
Katherine Dorroh, Judge.
LOUISIANA APPELLANT PROJECT By: Douglas Lee Harville, Counsel
E. STEWART, SR. District Attorney RON STAMPS CHARLES K. PARR
REBECCA EDWARDS Assistant District Attorneys, Counsel for
MOORE, COX, and McCALLUM, JJ.
convicted Jefferson Davis, Jr., as charged for first degree
rape, sexual battery of a victim under the age of 13, and
indecent behavior with juveniles of a victim under the age of
13. The court imposed the mandatory sentence of life
imprisonment without benefit of parole, probation, or
suspension of sentence on Davis for the first degree rape
conviction. For the sexual battery of a victim under the age
of 13, the court sentenced Davis to 30 years'
imprisonment at hard labor, 25 years of which are required to
be served without the benefit of parole, probation, or
suspension of sentence. For his conviction for indecent
behavior with juveniles of a victim under the age of 13, the
court sentenced Davis to 20 years' imprisonment at hard
labor, 2 years to be served without the benefit of parole,
probation, or suspension of sentence. The court ordered the
three sentences to be served consecutively. No motion to
reconsider sentence was filed.
filed this appeal alleging that the sentences imposed are
unconstitutionally harsh. For the following reasons, we
affirm the convictions and sentences as imposed by the trial
court. We also order that the trial court minutes be amended
to reflect the sentencing as imposed in the record.
victim in all three counts was Davis's nine-year-old
grandniece, K.M. Davis was 63 years old when he committed the
offenses in the spring of 2016. The molestations occurred in
Davis's bedroom while he was living with his sister,
K.M.'s grandmother, whose backyard abutted the backyard
of K.M.'s mother's house. The child sometimes stayed
at her grandmother's house when her mother, Quinnette
Morris, was at work. The crimes came to light when K.M.
described the sexual incidents to her older sister, S.M.,
who, in turn, reported them to her mother. Quinnette
immediately contacted the police.
police investigation in which Davis admitted to sexual acts
with K.M., the evidence was presented to the grand jury of
Caddo Parish, which returned an indictment charging Davis
with three counts: Count 1: first degree rape (La. R.S.
14:42(A)(4)); Count 2: sexual battery of a victim under the
age of 13 (La. R.S. 14:43.1(A)(1) & (2)); and, Count 3:
indecent behavior with juveniles under the age of 13(La. R.S.
14:81(A)(1) & (2)). The indictment charged that all of
the offenses occurred between March 15 and July 2016.
by jury commenced on April 10, 2018. K.M.'s older sister,
S.M., testified that on August 11, 2016 (when K.M. was nine
years old), K.M. told her that "Uncle Jeff," i.e.,
the defendant, had licked her breasts and rubbed his
"private part" against her "private
part." K.M. also told S.M. that the defendant inserted
his finger in her "private part," licked her
"private part," and made her lick his private part.
Upset by this revelation, S.M. reported it to her mother.
Morris testified that S.M. told her about the sexual acts the
defendant had performed on K.M. She questioned K.M. and
confirmed what S.M. had reported to her. She said K.M. told
her that sexual acts began after K.M.'s father died on
February 25, 2015. According to Quinnette, the sexual abuse
occurred 13-15 times in the defendant's room.
trial, a videotaped Gingerbread House interview of K.M. was
introduced into evidence (Exhibit S-1) and played for the
jury. During the interview, K.M. described the sexual acts
committed on her by her grand uncle. She described to the
interviewer, Alex Person, how the defendant licked her
private parts, sucked her breasts and made her suck his
private parts and rubbed his private parts against her. K.M.
also described how the defendant tried to put his private
part inside her, but that she told him to stop because it
hurt, and she knew it was wrong. The child said that the
defendant told her that she "had to take it." K.M.
said that the defendant did not fully insert his penis inside
of her, but rubbed his private part against her body and
"white stuff" came out. She also explained that the
defendant would lick his pinky finger and make K.M.
"pinky promise" that she would not tell anyone
about the sexual acts.
Person testified regarding the Gingerbread House interview of
K.M. The interview was held on August 15, 2016. Ms. Person
showed K.M. anatomical drawings of a young girl and a grown
man, so that K.M. could circle parts of the body that she
identified during the interview. (Exhibit S-1). Exhibit S-2
consists of the drawings that K.M. circled the vagina,
breasts, and buttocks of the naked girl to show where she had
been violated, and she circled the male penis on the drawing
of the man and described the sexual acts during the
trial, K.M. confirmed that she gave the interview at the
Gingerbread House, and that everything she said was true. She
also testified that Uncle Jeff, the defendant, was the person
who committed the sexual acts.
De'Andre Belle, a sex crimes investigator in the
Shreveport Police Department, testified that he was assigned
the case on August 12, 2016. He contacted K.M.'s mother
and set up the Gingerbread House interview for K.M. and her
mother on August 15, 2016. He supervised K.M.'s interview
and heard the statements that K.M. made during the interview.
He said that her statements were consistent with the factual
statements K.M. reported that prompted the investigation,
namely that her "great uncle" made her perform oral
sex on him, performed oral sex on her, touched her vagina and
tried to penetrate her vagina with his penis, which he said
that she said, "it hurt."
Belle testified that Davis voluntarily came to his office to
talk about the incident and signed a Miranda rights
form which was admitted in evidence as Exhibit S-4. Belle
recorded the interview with Davis, which was authenticated
and admitted into evidence at trial as S-5. This recording
was played before the jury, after which, Det. Belle testified
that the recording corroborated what K.M. had told him. In
this taped interview, the defendant admitted that he licked
K.M.'s vagina, sucked her breasts, tried to ...