(Download) "State Missouri v. James L. Helmig" by Eastern District, Division Three Court of Appeals of Missouri # Book PDF Kindle ePub Free

eBook details

Title: State Missouri v. James L. Helmig
Author : Eastern District, Division Three Court of Appeals of Missouri
Release Date : January 11, 1996
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 65 KB

Description

James L. Helmig (""defendant"") was convicted after a non-jury trial of two counts of sodomy, in violation of § 566.060 RSMo Cum. Supp. 1993, and one count of sexual abuse in the second degree, in violation of § 566.110 RSMo Cum. Supp. 1993. He was sentenced to twelve years on each of the sodomy charges and one year for the sexual abuse charge, to run consecutively. Defendant appeals the judgment claiming there was insufficient evidence to support his conviction. Consolidated with defendant's direct appeal is the state's appeal of the granting of defendant's Rule 29.15 motion. We affirm both the conviction and the grant of post-conviction relief. The charges against defendant arise out of an incident involving defendant and victim on the night of August 18, 1993 and early morning hours of the next day. At the time of the offense defendant was an assistant boy scout leader. Victim was a 13 year old boy scout in defendant's troop. On the night of August 18, victim attended a boy scout meeting at the Rolling Meadows trailer park. Once the meeting ended, defendant asked victim to spend the night with him at his home in the trailer park. Victim received permission from his mother. Victim and defendant went out for dinner and went swimming at a lake. They returned to defendant's trailer sometime after one in the morning on August 19th. At bedtime, defendant told victim that he would be sleeping in defendant's bed. Victim abided and went to the bedroom. During the night, victim was awakened as defendant grabbed his arm and pulled victim towards him. Defendant took victim's hand and placed it on defendant's penis over his shorts. Victim did not say anything to defendant for fear defendant would harm him. Victim also testified that defendant touched victim's g******s both over and under his clothes. Victim further testified that defendant forced him to touch defendant's penis under his clothes. Victim noticed that defendant's penis was erect during each touching. Victim then left to go to the bathroom. He remained there for a short time and then tried to sleep on the couch in the living room. Defendant later came out of the bedroom and ordered victim to come back to bed. Victim obeyed and went into the bedroom whereupon defendant locked the bedroom door behind them. When victim and defendant were in the bed together, defendant began touching victim again. Victim pulled away and the touching stopped.