Conviction upheld in 2005 rape case

The N.C. Court of Appeals has upheld the conviction of a man who raped a 13-year-old girl in 2005 and was sentenced last year to 56 years in prison by an Onslow County jury.

Robert D. Long, 40, currently held at Maury Correctional Institution in Hookerton, lost his appeal on convictions of statutory rape of a 13-year-old, statutory sex offense against a 13-year-old, indecent liberties with a child, crimes against nature, contributing to the delinquency of a minor and one additional sex charge.

Long argued in his appeal that the trial court erred by clearing the courtroom during his victim’s testimony and by allowing a social worker with no medical training to testify about the lack of physical evidence in the case.

Long said his constitutional right to a public trial was violated during his March 2008 trial.

N.C. Superior Court Judge Thomas D. Haigwood instructed everyone to leave the courtroom prior to the testimony of Long’s victim. Long, as well as the girl’s father, officers of the court and the press, was allowed to stay.

A trial judge is allowed by state law to exclude the general public from the courtroom for the victim’s testimony during a rape case, according to N.C. General Statute 15. The decision is at the discretion of the trial judge, and the Appeals Court can only review the decision to determine whether it had merit or was arbitrary.

When determining whether the closing of a courtroom is necessary, a trial court should consider factors such as the minor victim’s age, psychological maturity and understanding; the nature of the crime; and the desires of the victim, the Appeals Court stated.

“The trial court ordered closure no broader than necessary,” the Appeals Court ruled, adding that since the victim had a “painful history” with some of her family who encouraged her to lie to social workers and told her to “sleep in the street,” they should not be present when she testified.

Haigwood allowed the girl’s father and Long to remain in the courtroom, so that both the prosecution and defense were represented.

“Furthermore, the trial court specifically stated that any members of the media could stay,” the Appeals Court stated in its ruling.

The Appeals Court decided the trial court made no error in its rulings. However even if it had, the Appeals Court would not have overturned the trial court’s decision based on State v. Lloyd. In that case, precedent was made that “constitutional issues not raised at the trial court will not be considered for the first time on appeal.”

Therefore, the Appeals Court ruled that since Long’s attorney, Jacksonville lawyer Thomasine Moore, failed to raise an objection to the courtroom clearing on a constitutional basis during the trial that it would not be considered at appeal.

Moore did object to a social worker testifying to how often there is a lack of physical evidence in sexual abuse cases.

The trial court and the Appeals Court ruled that the social worker testified based on her experience as trained professional in child abuse cases and not an expert medical knowledge.

In April 2005, the girl told her school guidance counselor that Long had sexually abused her more than once. At the time, the girl was 13 and living in Onslow County with family other than her biological father. Some family members told her to say Long had never sexually abused her, all according to court records.

The girl moved out-of-state to live with her father.

Contact Lindell Kay at 910-219-8456. Read his blog here.