Evidence — other acts — videotaped testimony

Listen to this article

Wisconsin Court of Appeals

Criminal

Evidence — other acts — videotaped testimony

Roy H. Beals appeals the judgment convicting him of repeated first-degree sexual assault of the same child, contrary to Wis. Stat. § 948.025(1) (2005-06).[2] Beals, who was convicted of sexually assaulting his ex‑wife’s daughter in 2005 when she was eight years old, raises four issues on appeal. Beals argues that: (1) trial counsel was ineffective for failing to object to the admission of videotaped testimony from the victim recorded in 2007; (2) the admission of the 2007 video warrants a new trial in the interest of justice; (3) the trial court erred in allowing “other acts” evidence from the 2007 video, as well as from videotaped testimony from the victim recorded in 2009; and (4) the trial court erroneously exercised its discretion pursuant to Wis. Stat. § 908.08 in admitting the 2009 video. We affirm. Not recommended for publication in the official reports.

2012AP1079-CR State v. Beals

Dist II, Kenosha County, Kluka, Rossell, JJ., Curley, P.J.

Attorneys: For Appellant: Moses, Faun M., Madison; For Respondent: Zapf, Robert D., Kenosha; Lloyd, Katherine Desmond, Madison