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Simmons v. State4/28/2000
on v. State, 621 So.2d 376, 377 (Ala.Cr.App. 1993)(expert's testimony in trial of defendant accused of first-degree rape that victim's wounds were "consistent with `forcible compulsion'" was properly admitted); and Moss v. State, 545 So.2d 230, 231 (Ala.Cr.App. 1989)(expert's testimony in trial of defendant accused of first-degree rape that victim "had recent intercourse that had been somewhat forceful" was properly admitted).
Moreover, we note that experienced officers are qualified to give their opinion regarding their field of expertise. See, e.g., Reuther v. City of Leeds, 599 So.2d 1246, 1248 (Ala.Cr.App. 1992) (officer with experience regarding persons driving under the influence was qualified to testify concerning whether the defendant was intoxicated when he was stopped); Donahoo v. State, 552 So.2d 887, 897 (Ala.Cr.App. 1989)(Alabama Bureau of Investigation agent experienced in the field of narcotics was qualified to testify concerning the age of marijuana plants); Sanders v. City of Birmingham, 542 So.2d 325, 330 (Ala.Cr.App. 1988)(police officers were qualified to testify as to whether defendant was intoxicated); Jackson v. State, 440 So.2d 1181, 1184 (Ala.Cr.App. 1983)(police officers were competent to testify concerning whether defendant was intoxicated or under the influence of drugs).
Thus, we conclude that Neer's testimony adequately established that crime-scene analysis and victimology are reliable fields of specialized knowledge and that, based upon his studies and experiences in these fields, he was an expert.
Additionally, we must determine the relevance of the evidence and its ability to assist the jury.
"Trial courts should make the `relevance' assessment by addressing the `fit' between what the scientific theory and technique are supposed to show and what must be shown to resolve the factual dispute at trial. Whether otherwise reliable testing procedures were performed without error in a particular case goes to the weight of the evidence, not its admissibility. Only if a party challenges the performance of a reliable and relevant technique and shows that the performance was so particularly and critically deficient that it undermined the reliability of the technique, will evidence that is otherwise reliable and relevant be deemed inadmissible." Turner, ___ So.2d at ____.
In this case Simmons was charged with murder made capital because the murder was committed during first-degree sexual abuse. The state was required to prove that Simmons subjected M.A. to sexual contact by forcible compulsion. § 13A-6-66, Ala. Code 1975. First-degree sexual abuse requires proof that the defendant acted with the intent to gratify his sexual desires or those of the person contacted. Intent to gratify the desire of either party may be inferred by the jury from the act itself. Houston v. State, 565 So.2d 1263 (Ala.Cr.App. 1990); see Ex parte Cofer, 440 So.2d 1121 (Ala. 1983). Forcible compulsion is defined as "physical force that overcomes earnest resistance or a threat, express or implied, that places a person in fear of immediate death or serious physical injury to himself or another person." § 13A-6-60(8), Ala. Code 1975.
The jury in this case was presented with a homicide trial at which no eyewitnesses testified. M.A.'s body was discovered in a horrifyingly, mutilated condition. The method and motivation for killing an elderly female presented serious questions for the jury to resolve. Whether the offender received sexual gratification while committing the offense was a critical issue of the case, and Neer's testimony was probative on that issue. Inferences had to be drawn from the physical evidence presented at the crime scene. Neer off
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