Appealed from the Twenty-Sixth Judicial District Court for
the Parish of Bossier, Louisiana Trial Court No. 222, 245
Honorable Michael Nerren, Judge.
LOUISIANA APPELLATE PROJECT By: Douglas Lee Harville Counsel
SCHUYLER MARVIN District Attorney Counsel for Appellee
MICHAEL LAWRENCE ANDREW C. JACOBS DOUGLAS M. STINSON
Assistant District Attorneys
COX, STEPHENS, and McCALLUM, JJ.
criminal appeal by Jonathan Corn arises from the Twenty-Sixth
Judicial District Court, Parish of Bossier, State of
Louisiana. Corn was convicted by jury of molestation of a
juvenile, in violation of La. R.S. 14:81.2. He was sentenced
to 25 years' imprisonment at hard labor, without the
benefit of parole, probation, or suspension of sentence. No
motion to reconsider sentence was filed. On appeal,
Corn's conviction and sentence are affirmed.
March 13, 2017, Jonathan Corn was charged by grand jury
indictment with first degree rape, occurring on or about or
between January 1, 2006, and December 31, 2014, in violation
of La. R.S. 14:42(A)(4). The alleged victim was Corn's
biological daughter, K.C., whose date of birth is January 4,
2001. Prior to Corn's indictment, K.C., her younger
sister, M.C., and older half-brother, Jonathan Stubrud,
completed interviews with the Mississippi Valley Child
Protection Center in Muscatine, Iowa. Corn ultimately pled not
guilty, and a 12-person jury trial commenced on October 9,
2018, wherein eight witnesses testified. The jury
subsequently returned a responsive verdict of guilty of
molestation of a juvenile, by a 10-2 vote.Following a
presentence investigation, Corn was sentenced to 25
years' imprisonment at hard labor, without the benefit of
parole, probation, or suspension of sentence, with credit for
time served. This appeal by Corn ensued.
appeal, Corn challenges his conviction and asserts two
assignments of error: (1) the jury instruction allowing for a
nonunanimous verdict and the jury's 10-2 verdict of guilt
violated his Sixth Amendment rights; and, (2) there was
insufficient evidence to prove he was guilty beyond a
trial, Amy Kuboushek testified she was formerly employed as a
forensic interviewer at the Mississippi Valley Child
Protection Center in Muscatine, Iowa. She explained a
forensic interview is a legally sound method of gathering
factual information about an abuse allegation. She stated she
is a licensed social worker with a master's degree in
social work and has additionally completed extensive training
for the forensic interviewer position. Kuboushek testified
that on March 22, 2016, she conducted interviews with K.C.,
M.C., and Stubrud. She stated she had no contact with the
children prior to the initiation of the interviews. Kuboushek
testified she was the only person present in the interview
room as the children were individually interviewed and
explained that live footage of the interviews was streamed to
a television in the observation room and she wore an
earpiece, which allowed her colleagues to communicate with
her. The recorded videos of each interview were entered in
evidence and played for the jury.
interview with Kuboushek, Stubrud stated he was 16 years old
and a sophomore in high school. In describing Corn's
interactions with K.C., Stubrud explained that Corn and K.C.
would have alone time together in his parents' bedroom
for about 20 minutes, once or twice a week. Stubrud stated he
would spend alone time with Corn as well, which consisted of
camping and riding go-carts. When describing the physical
abuse he experienced at Corn's hands, Stubrud began to
cry and said that Corn would beat him with a leather belt
when he received bad grades at school.
interview with Kuboushek, M.C. stated she was 12 years old
and in the seventh grade. M.C. stated she witnessed Corn and
K.C. having sex on the bed in her parents' room. M.C.
explained she would peep through the keyhole of an "old
fashioned door" into the bedroom and observe K.C. and
Corn during "daddy time." M.C. described Corn with
his pants down around his ankles and K.C. leaning over the
bed. M.C. stated Corn's "front area" and
"private part" would be touching K.C.'s
buttocks area. M.C. recalled that when she confronted her
sister about what she had observed, K.C. told Corn, who then
claimed to M.C. that he and K.C. had only been discussing
whether K.C. wanted to go to work with him. M.C. stated that
upon confronting K.C. another time, K.C. told her, "It
doesn't matter to you. It's my business, not
yours." She stated when she asked to spend "daddy
time" with Corn, he replied she was too young. M.C.
recalled Corn had instructed K.C. to tell child protection
services "daddy time" was playing a video game.
M.C. explained she was too scared to tell anyone what she saw
but finally told her mother in December 2015 because K.C. was
"having a hard time." M.C. also described physical
abuse by Corn in the form of beatings with a studded belt.
She stated Corn would beat her and her siblings with a belt
engraved with the initials "JC, " which would leave
a backward "JC" indention on her skin. M.C.
explained that upon relocating to Iowa with her mother and
siblings, she stopped wanting to visit Corn, feeling as
though he had "given up on" her when he asked her
mother for a divorce. She stated she did not like Corn's
girlfriend and that Corn's home, also occupied by his
girlfriend and her children, was too crowded and loud. M.C.
stated she had never been forced to visit Corn.
was also interviewed by Kuboushek and stated she was 15 years
old, in the ninth grade, and liked to ride horses. K.C.
stated Corn physically and sexually abused her but was unable
to describe aloud what sexual acts Corn committed upon her.
Instead, K.C. wrote out her experience with Corn. When asked
about the start of the sexual abuse, K.C. wrote the
Started young ended when I moved away with mom. We were
watching movies in the living room and he started touching me
but I didn't understand so I didn't know what to do
so I kept moving away and he started yelling.
asked to describe a time that was different than the first
encounter, K.C. wrote the following:
My mom was gone. [M.C.] was home and I was with my dad. He
took me into his room and started undressing me and I tried
fighting back because I had an idea of what he was doing but
he pushed me down and I couldn't get away and then he
started to have sexual intercourse with me.
stated that Corn started sexually abusing her when she was
about five or six years old; it began when she was living at
2603 Horacek Road in Haughton, Louisiana, and always occurred
in Corn's bedroom. K.C. explained Corn had sexual
intercourse with her a few times every week and she was 12 or
13 years old when he last abused her. She stated Corn last
sexually abused her at her mother's home in Churchpoint,
Louisiana, which was the only occasion Corn had sexual
intercourse with her outside of his bedroom.
could not verbally describe what intercourse meant to her and
was given anatomical drawings of a male and a female to
circle the corresponding body parts that touched during
intercourse with Corn. K.C. circled the penis of the male and
the vagina of the female. Kuboushek asked K.C. if this part
of Corn (pointing to the male's penis from the drawing)
was touching this part of her (pointing to the female's
vagina) during intercourse, and K.C. shook her head
affirmatively. She described through the drawings that
Corn's penis was always inside her vagina during
intercourse, and she denied that he ever touched her anywhere