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State v. Jarvis8/13/2002
Appellant challenges his conviction for first-degree criminal sexual conduct, arguing that evidence is insufficient to support his conviction because the state used evidence that the victim had taken barbiturates, allegedly supplied by appellant, to prove two different elements of the offense. Appellant also argues that the district court should have suppressed his two statements made to the police because the interviews were custodial and should have been tape-recorded. Appellant also asserts that the prosecutor committed misconduct. We affirm.
FACTS
Appellant and K.F. were employed at the same company and developed a friendship. In late 1998 or early 1999, appellant solicited K.F. to work in his division at the company. Before February 16, 1999, appellant and K.F. met three times at a hotel to discuss her potential promotion. The meetings would last a few hours. According to K.F., other employees were not informed about the meetings because appellant told her it must be "kept quiet" because "it was a government program." Appellant paid for the hotel room and brought liquor and coffee to the room. K.F. testified that she never had a sexual relationship with appellant.
In late 1998 or early 1999, K.F. told appellant that she was becoming tired at work and that she thought she should take vitamins. Appellant agreed and began bringing vitamins in a plastic bag to work. K.F. regularly took the vitamins. At some point, K.F. told appellant about her dream to become a model. Appellant told K.F. that he had a friend in the modeling business who could assist her. On February 15, 1999, appellant told K.F. that he had talked to his connection in the modeling business and that K.F. needed to get a portfolio together. Appellant and K.F. planned to meet the next day at a hotel so appellant could photograph K.F. in her wedding dress, other dresses, and negligees.
K.F. testified that she arrived at the hotel at about 10:00 or 10:30 on the morning of February 16, 1999. She paid for the room with money appellant had given her the night before. Appellant offered K.F. coffee with liquor in it, and K.F. had "one sip." At one point, appellant stated, " e better not forget to take our vitamins." Appellant took some pills out of a plastic bag and handed them K.F., and K.F. took the pills. About ten minutes later, K.F. testified that appellant's "words start to get long, the room start to get blurry." The last thing K.F. remembered that morning was "listening to him talk and just hearing words being drawn out, the room just becoming like a glazed white." K.F. next remembered waking up to a click in the door and somebody coming in the room. * * * I was on the bed with nothing but a shirt on under some covers. Hearing a click in the door, somebody walking in, not being able to move, and everything still being fuzzy and the room spinning and being very confused.
K.F. testified that she felt
isorientated. I was laying down, so I tried to get up, and it was like you couldn't move your body. It was like you were just laying there trying to force yourself to get up; I couldn't. I still didn't know what was going on. I was still pretty groggy.
When she heard the door click, she looked to see who was at the door, and she saw appellant. Appellant then got into bed with K.F. and penetrated her. K.F. remembered that he ejaculated inside her, and she presumed that his semen would be found inside her because he did not use a condom.
K.F. stated she did not remember anything "for a while again," and then she remembered "being scared and wondering what's going to happen to me next." She got up, gathered her belongings, and went to her ca
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