Date: 07-01-2024

Case Style:

State of Rhode Island v. Nicholas Finnigan

Case Number: K2/19-1A

Judge: Luis M. matos

Court: Superior Court, Kent County, Rhode Island

Plaintiff's Attorney: Kent County Rhode Island District Attorney's Office

Defendant's Attorney:

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Description:

Greenwich, Rhode Island second-degree child molestation criminal defense lawyer represented the Defendant.

On January 3, 2019, the state filed a one-count criminal information in Kent County Superior Court charging defendant with second-degree child molestation in violation of G.L. 1956 § 11-37-8.3. A jury-waived trial on the single charge commenced on November 15, 2021, during which the trial justice heard testimony from the complaining witness, R.B.; Ms. Jennifer Bates; Ms. Michelle Begin; Ms. Angel Lemoi; Mr. Edward Finnigan; Ms. Heather Bates; and defendant.[1] The transcript of the proceedings reveals the following relevant testimony.

On the night in question,[2] in February 2012, Jennifer and her husband, John Bates; her sister Michelle; and defendant all gathered at the Bates's home in Coventry, Rhode Island, as they regularly did every Friday night. While the adults convened in the basement, R.B., Jennifer's minor daughter, slept upstairs in her bedroom.

R.B. recalled at trial that, at some point after falling asleep in her bedroom, she felt a "rush of cold" on her body and woke up immediately. She opened her eyes to see defendant touching her inappropriately in the genital region. The incident lasted for approximately four minutes before R.B. heard her aunt Michelle walk up the stairs and ask defendant "[w]hat the * * * are you doing?" The defendant left the bedroom, R.B. pulled up her pants and underwear, and she lay restless in bed for the rest of the night. Despite the fact that defendant abruptly left the room, R.B. identified the outfit she saw in that moment as the same outfit that defendant had been wearing earlier that night. Additionally, she testified to her memory of defendant and her stepfather, John, as being the only two men present in the home that evening and that the silhouette in her room differed from that of her stepfather. R.B. also testified to her age at the time of the incident; she initially had difficulty remembering whether the incident occurred in 2011 or 2012, but ultimately confirmed that it occurred around the time of her infant brother's passing in February 2012. After further discussion regarding the date of the incident on cross-examination, R.B. testified to being positive that the incident occurred in 2012. She believed that, at that time, she was eleven years old, about to turn twelve years old.

The next morning, R.B. attempted to tell her stepfather what had happened with defendant, but he interjected and explained that defendant had already told him that he entered R.B.'s bedroom only to turn off her television. Thereafter, R.B. outwardly expressed hatred toward defendant. For example, when they both attended family gatherings, R.B. often lashed out at defendant, tried to physically hurt him, and told him to harm himself. Years later, in June 2018, R.B. felt comfortable enough to tell her grandmother, mother, and stepfather about the incident in a letter titled "The Truth" (the letter). On the same evening in June 2018 that R.B. disclosed the incident, Jennifer took her to the police station to file a report against defendant.

On cross-examination, R.B. testified regarding her use of drugs and alcohol before and during the time she drafted the letter, in addition to her family's history with the Department of Children, Youth, and Families (DCYF). Counsel for defendant also inquired about whether R.B. had ever accused her stepfather of sexual assault. R.B. admitted to using marijuana weekly and to having consumed alcohol in the past but denied drinking alcohol while she wrote the letter. She acknowledged her family's involvement with DCYF due to her stepfather's physical abuse but denied ever accusing her stepfather of sexual assault.

Jennifer also testified in the state's case-in-chief and primarily discussed her recollection of the events that occurred on the night in question and her receipt of the letter. Specifically, she testified to her memories of witnessing her sister, Michelle, ask defendant "[w]hat the * * * are you doing?" and seeing him walk out of R.B.'s bedroom. Further, she discussed the date of the incident; she could not remember whether the incident occurred on the Friday night before the pasta dinner fundraiser for her son's funeral expenses. However, she maintained that it must have been around February 19, 2012, the date of her infant son's passing. At the close of Jennifer's testimony, the state rested. Counsel for defendant declined to move for dismissal pursuant to Rule 29(b) of the Superior Court Rules of Criminal Procedure and reserved his arguments on the merits for closing statements.

Outcome: Affirmed.

State v. Finnigan, 2022-136-C.A. (R.I. Jul 01, 2024)

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