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State v. Barr9/21/2004
as screaming and sobbing. When she saw a patrol car, she immediately ran to it, opened the rear door, and jumped in even before the vehicle had come to a stop. Deputy Jeffrey Doll, the officer driving the patrol car, described A.J. as extremely upset and hysterical. Eventually, she was able to provide the officer with information indicating that she had been sexually assaulted.
After A.J. fled from the Honda, Mr. Barr also ran from the area. Mr. Barr was observed throwing something into a nearby dumpster. He was not wearing a shirt. Eventually, he was located under a car several blocks away. He was identified by several witnesses, including A.J.
Officers located a shot glass necklace in the dumpster; Mr. Barr had been seen wearing the necklace earlier in the evening. A.J.'s pants, underwear, shoes, and Visa card were recovered from the back seat of the Honda. The back seat also had feces on it.
Mr. Barr was transported to the Ellensburg Police Department. He was informed of his Miranda rights. Detective Lee Roe, Officer Brett Koss, and Officer Andrew Houck interviewed Mr. Barr at different times. The interviews were videotaped and the videotape was played at trial.
A.J. was taken to the hospital for an examination, which revealed abrasions and/or bruising on her neck, arms, legs, and her buttocks near her anus. A.J. also had a bite mark on her neck. Mr. Barr had scratches, dirt, and grime on his torso and pants, and feces on his chest and pants.
Mr. Barr was charged with first degree rape, unlawful imprisonment, and second degree vehicle prowl. After a jury trial, Mr. Barr was convicted of second degree rape, unlawful imprisonment, and vehicle prowl in the second degree. He appeals.
ANALYSIS
Reid Investigative Technique. During his testimony, Officer Koss testified that he interviewed Mr. Barr at the police station. Officer Koss testified that he had been trained to use the Reid Investigative Technique that taught him to look for verbal and nonverbal clues that someone was being deceptive. Officer Koss's testimony indicated that he applied this training when interviewing Mr. Barr. The following exchanges took place during Officer Koss's direct testimony:
Q. Did you note any signs of deception when the defendant was being interviewed?
A. Yes. Yes, ma'am. What I thought was deception, one of the first things I noticed just in his contact with Detective Roe is he kept mentioning going to prison. Nobody had said that to him. He was just in an interview room at the station and that was a flag for me. What I have been taught {by} some of these schools is people feel guilty and that they realize there is {sic} consequences and lots of times they'll verbalize those fears. So it was obvious to me he was afraid he was going to go to prison for this. He mentioned it at last twice to Detective Roe and to me, as well, in our interview.
Q. Any other signs?
Report of Proceedings (RP) (Dec. 11, 2002) at 80-81 (emphasis added).
Q. What about this swearing on your grandmother's grave type thing?
A. At one point he made a statement about swearing on his daughter's life or something like that and I called him on it in the tape, if you remember, you know, that's one of the big flags like that and like the utterances about the thing going to prison, those are big flags when you see those things start to bunch together. You get an idea somebody is being deceptive.
RP (Dec. 11, 2002) at 82 (emphasis added).
Q. What about the nonverbal cues?
A. One of the things I noticed and in watching the tape when he was talking to
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