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Snyder v. State6/3/2005
No. 1985
Before: Coats, Chief Judge, and Mannheimer and Stewart, Judges.
Samuel H. Snyder was charged with sexual assault in the second degree for engaging in sexual intercourse with M.K., who was either incapacitated or did not know that the sexual act was being committed. Snyder argues that Superior Court Judge Dale O. Curda erred in excluding two witnesses who would have testified that, just two weeks after the assault, M.K. went to the auto parts store where Snyder worked, and Snyder assisted her. According to the two witnesses, during this encounter, M.K. spoke amicably with Snyder and did not appear to be frightened of or angry with him. We conclude that Judge Curda erred in excluding this testimony and we reverse Snyder's conviction.
Factual Background
In the early morning hours of October 13, 2002, M.K. went drinking in Bethel with two of her friends, Tamara Evon and Marilyn Wassillie. The three women drove around town. Evon was driving, and M.K. and Wassillie drank. M.K.'s friends dropped her off at the BNC apartments where M.K. had more drinks with a man and woman she knew. M.K. then took a cab home.
From her home, M.K. then walked to her cousin Cindy Paul's house. Paul did not answer her door, so M.K. continued on to the home of Samuel H. Snyder. M.K., Snyder, and her late brother, James, had all grown up together. M.K. considered Snyder to be a friend. Since her brother's death, M.K. had become depressed, and she wanted to talk to Snyder about him. Snyder and M.K. sat on his porch drinking and talking about M.K.'s brother.
At some point, M.K. claims she blacked out. M.K awoke hours later and found that she was inside Snyder's living room with her pants and underwear pushed down to her knees. She had no memory of how she got from the porch to the living room. M.K. could feel that someone had had sex with her. M.K. was still very intoxicated. She got dressed and went next door to the house of her cousin Marie Lekander. Lekander was awakened by M.K.'s knocking and answered the door. She found M.K. disheveled, crying, and intoxicated. M.K. told Lekander that she had been raped. Lekander called the police and Bethel Police Officer Terry Stonecipher responded.
Officer Stonecipher found M.K. curled up in a corner crying. It was apparent to Officer Stonecipher that M.K. was still intoxicated. Although he found it difficult to get information from M.K., Officer Stonecipher determined that a sexual assault exam was necessary.
At the hospital, M.K. was examined by Kayle York, a nurse trained in treating sexual assault victims. York also found M.K. to be "very intoxicated." York discovered that M.K.'s blood alcohol level was still .223 percent.
Officer Stonecipher obtained a warrant to search Snyder's house. He executed the warrant and interviewed Snyder. Initially, Snyder denied having sex with M.K. He later admitted having sex with her, but explained that he had thought she wanted to have sex. He claimed she herself had pulled down her pants and underwear while sitting on his couch.
Snyder also told Officer Stonecipher that M.K. had been visibly intoxicated when she arrived at his house around 4:30 a.m. Snyder turned over to Officer Stonecipher a used condom.
Snyder was indicted for one count of sexual assault in the second degree, on the theory that he engaged in sexual penetration with M.K. while she was either incapacitated or unaware that a sexual act was being committed.
Snyder defended on the ground that either M.K. had consented to the sexual penetration or he at least had reasonably believed that she was consenting. In support of hi
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