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State v. Blackstock8/27/2001
nd said, "I'll do anything you want me to, just don't kill me. I won't tell nobody." He acknowledged that the victim performed oral sex on him and conceded that he struck the victim, explaining that he did so because she pulled his penis. He denied anal penetration. In his third statement, the defendant admitted that earlier on the date of the offenses, he had approached children on a playground in East Lake Courts but was interrupted by a mother calling to her daughter.
Linda Elligan, the Clinical Director of the Children's Advocacy Center of Hamilton County, Inc., testified that she provided psychological treatment to the victim. She described abduction by a stranger as rare and made a diagnosis of post-traumatic stress disorder. Ms. Elligan observed that the victim felt responsible for the attack because she had been warned not to talk to strangers.
Natalie Cooper, the victim's aunt, testified that the victim was fearful following the attack. She recalled that the victim would not allow any of her own family members to see her at the hospital. Speaking on behalf of the family of the victim, Ms. Cooper asked the trial court to impose the maximum possible sentence.
Evelyn Robinson, the defendant's mother, apologized for her son's misdeeds and asked for mercy. During cross-examination by the state, she acknowledged that while the defendant completed Tennessee Preparatory School, he had engaged in disruptive behavior and had failed drug screens. Ms. Robinson stated that she did not become aware that the defendant had a drug problem until after his discharge from the Navy.
Dr. David Solovey, a clinical psychologist, testified that the defendant's problems began at the age of eight or nine, following his father's death in prison. Dr. Solovey stated that because of difficulties with his mother, the defendant ultimately moved in with the director of a community center who sexually abused him from age 11 to age 17. Dr. Solovey testified that later, while the defendant was in the Navy, he was involved in a serious automobile accident, sustaining a head injury . After the accident, the defendant became "reinvolved" with drugs and was "discharged under less than honorable conditions." It was Dr. Solovey's opinion that the defendant suffered from long-term depression, post-traumatic stress disorder, and schizotypal personality disorder. He believed that the defendant would require intensive sexual offender treatment. On cross-examination, Dr. Solovey acknowledged that the defendant had admitted that he was "out cruising" for little girls prior to the abduction and rape of the victim.
The defendant read aloud a statement wherein he expressed remorse for his actions. He specifically asked for "help" and treatment relative to his history of sexual abuse.
In sentencing the defendant, the trial court applied the following enhancement factors to both of his convictions:
(1) The defendant has a previous history of criminal convictions or criminal behavior in addition to those necessary to establish the appropriate range;
(5) The defendant treated or allowed a victim to be treated with exceptional cruelty during the commission of the offense;
(6) The personal injuries inflicted upon or the amount of damage to property sustained by or taken from the victim was particularly great;
(7) The offense involved a victim and was committed to gratify the defendant's desire for pleasure or excitement;
(10) The defendant had no hesitation about committing a crime when the risk to human life was high; and
(16) The crime was committed under circumstances under which the potential for bo
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