U.S. v. Patterson, 54 M.J. 74

Trial Stages: Sentence and Punishment: Evidence

1. expert testimony on sentencing that “grooming” was a term that described certain activities of a pedophile and that “grooming” occurred in this case did not run afoul of military judge’s ruling that he would not consider the witness’ testimony on appellant’s psychiatric or psychological condition because the witness failed to personally examine appellant
2. the military judge did not abuse his discretion in admitting expert testimony on “grooming” during sentencing for the limited purpose of showing the psychological impact of appellant’s offenses on the victim
3. expert testimony that persons who groom children for sexual abuse are not capable of rehabilitation may have violated military judge’s ruling which precluded the expert from testifying about appellant’s individual psychiatric orders or disorders; however, admission of such testimony at sentencing was not plain error where: (1) appellant was convicted of an extraordinary number of sexual offenses against his own minor daughter over a five-year period; (2) the inability-to-rehabilitate evidence was a small part of the government’s sentencing case which otherwise called for severe punishment on the basis of the outrageousness of the offenses and the terrible impact on appellant’s daughter; and (3) the military judge restricted consideration of the evidence to the impact of the offenses on the victim and the court was confident that he adhered to this ruling