Date: 06-10-2024

Case Style:

The State of Wyoming v. Audrey Mae Lessner

Case Number: 2023 WY 60

Judge: Richard L. Lavery

Court: District Court, Sweetwater County, Wyoming

Plaintiff's Attorney: Sweetwater County Wyoming District Attorney's Office

Defendant's Attorney:

Click Here For The Best Green Rivers Criminal Defense Lawyer Directory

Description:

Green River, Wyoming criminal defense lawyer represented the Defendant charged with felony child abuse.

[¶3] On June 18, 2022, Ms. Lessner agreed to babysit FF, an eleven-year-old. During the evening, Ms. Lessner took FF and her own minor child to the park and grocery store. While at the store, Ms. Lessner purchased food for dinner. After the dinner was prepared, Ms. Lessner and FF watched a movie while they ate. FF proceeded to pick at her meal rather than eating it. Ms. Lessner told FF to go sit at the dining room table and finish the meal.

[¶4] Approximately fifteen minutes later, FF called Ms. Lessner into the dining room and asked about taking a shower. FF told Ms. Lessner she finished eating the food and it only took so long because she was distracted by the movie. Ms. Lessner excused FF to take a shower. In the meantime, Ms. Lessner felt something was off and inspected the area. She eventually found the food spilling out underneath the table. When FF got out of the shower, Ms. Lessner confronted her about lying. Ms. Lessner told FF that was the third time she lied that day and had been previously warned if she continued to lie, she would be spanked. Ms. Lesser then told FF to go wait in the bedroom.

[¶5] Ms. Lessner proceeded to look up Wyoming's corporal punishment laws on her computer and prayed to calm down because she was frustrated with FF's dishonesty. Ms. Lessner then got a belt and folded it twice to make certain she had control of the buckle. She spanked FF with the belt eleven times around the buttocks area.

[¶6] After Ms. Lessner spanked FF, she had FF gather her belongings and took her to her grandparents' house. FF's grandfather answered the door when Ms. Lessner arrived. She told him to take the child because "she's lied to me for the last time." Once inside, FF complained of her leg hurting. The grandfather saw some red marks on her hip but did not have any initial concerns. However, the next morning FF's bruises became more apparent down the side of her leg and worsened as the day progressed. FF's grandmother called the police to report the incident.

[¶7] Later in the day, FF's father brought her into the Green River Police Department to meet with investigating officers. The officers observed several bruises on FF, primarily on her right thigh, and took pictures of the injuries. The next morning, FF's stepfather took her to the hospital where a nurse examined her bruises and also took pictures. Two days later, a detective and assisting officers went to Ms. Lessner's home with a search warrant. Ms. Lessner led the detective to a bedroom and pointed out the belt she used on FF. The detective picked up the belt and Ms. Lessner grabbed it from the officer's hand to demonstrate how she used it.

[¶8] On July 21, the State charged Ms. Lessner with felony child abuse. She was arrested several days later and appointed counsel. In February 2023, Ms. Lessner filed a motion seeking to remove her counsel and represent herself. The district court held a hearing on the motion. The court advised Ms. Lessner about the risks of self-representation. She chose to represent herself. The court granted her request and allowed the appointed counsel to withdraw. The court then inquired about discovery. The State acknowledged discovery had been completed. Ms. Lessner's previously appointed counsel stated he had all the State's discovery and provided it to Ms. Lessner on a flash drive. Counsel also stated if Ms. Lessner found anything was lacking in the discovery, he could provide it again.

[¶9] In April, Ms. Lessner filed a motion for extension of time, asserting the prosecution refused to help her obtain information to file a subpoena with Verizon Wireless. The court held a hearing on the motion June 13. At the beginning of the hearing, Ms. Lessner informed the court she no longer needed an extension and was ready for trial the following Monday. The court asked the State if it had provided Ms. Lessner with the exhibits. The State asserted it had attempted to provide her with the exhibits that morning, but Ms. Lessner had not picked up everything. She did not pick up an edited version of the body camera footage obtained when law enforcement executed the search warrant. Ms. Lessner claimed the State failed to hand it to her. The State said Ms. Lessner could pick up the edited footage from its office. Ms. Lessner later acknowledged she received an audio recording of the video but not the "actual video." The State responded, asserting it provided that video to Ms. Lessner's counsel earlier in the case and that it could provide Ms. Lessner another copy of the body camera video. The State also noted it would give Ms. Lessner receipts of the discovery provided to her prior counsel so she could make sure she had everything on the list.

[¶10] On Friday, June 16, Ms. Lessner filed a motion for emergency hearing. She asserted the State "modified the videos and did not include all discovery for the opposing party which is unethical conduct" and that she was not ready to proceed because the State was denying some discovery. On Monday, the first day of the bench trial, the district court heard arguments on the motion from both parties. Ms. Lessner argued she did not receive the "full footage" from the detective's body camera until noon on June 16, she was missing several phone calls between her and FF's mother, and she did not have the body camera footage from the other officers. The State argued that it notified her the detective's body camera footage was ready to be picked up by June 14, but she did not do so until June 16. It also argued Ms. Lessner had been given the discovery receipts but never asked for anything from that list. The court denied Ms. Lessner's motion without explanation and proceeded with the bench trial.

[¶11] During the two-day bench trial, the State offered multiple exhibits, including photographs of FF's injuries and the edited versions of the search warrant body camera footage. The State called several witnesses, including FF, FF's grandfather, the detective who executed the search warrant, the nurse who examined FF, and FF's mother and stepfather. Ms. Lessner recalled several of the State's witnesses and provided her own testimony. During her testimony, Ms. Lessner admitted she struck FF with a belt eleven times, once for each year FF was old, which was similar to how Ms. Lessner was brought up. She explained the spanking was to discipline FF for her dishonesty. She also testified the spanking was necessary because other forms of discipline had not worked. She testified she only hit FF on the buttocks, and she did not miss. On cross-examination, the State asked Ms. Lessner why she used the belt rather than her hand to spank FF. Ms. Lessner responded: "Because I'm not breaking blood vessels in my hand over an 11-year-old child."

[¶12] After hearing closing arguments, the district court found Ms. Lessner guilty of felony child abuse. The court later sentenced Ms. Lessner to five years of supervised probation with an underlying sentence of five to seven years of incarceration.

Outcome: After hearing closing arguments, the district court found Ms. Lessner guilty of felony child abuse. The court later sentenced Ms. Lessner to five years of supervised probation with an underlying sentence of five to seven years of incarceration.

Affirmed

Plaintiff's Experts:

Defendant's Experts:

Comments: