FROM CARTER CIRCUIT COURT HONORABLE REBECCA K. PHILLIPS,
JUDGE ACTION NO. 14-CR-00031
FOR APPELLANT: Kathleen K. Schmidt Department of Public
Advocacy Linda Roberts Horsman
FOR APPELLEE: Andy Beshear Attorney General of Kentucky Bryan
D. Morrow Assistant Attorney General
BEFORE: COMBS, D. LAMBERT, AND NICKELL, JUDGES.
LAMBERT, D., JUDGE
Simms appeals from a Carter Circuit Court judgment imposing a
sentence of two years and six months after a jury found him
guilty of sexual abuse in the first degree as a
lesser-included offense of rape. His sole argument on appeal
is that the trial court erred in not suppressing statements
made to the police without a Miranda warning.
twelve-year-old girl, told a school friend that she had a
sexual encounter with Simms, her adult cousin, while he was
babysitting her. The friend told a teacher who contacted
Social Services. Kentucky State Police Detective Chris
Boarman and a social services representative interviewed the
girl who told them that Simms raped her.
Boarman interviewed Simms at his residence later the same
day. Simms denied raping S.R., but confirmed that he watched
her while her guardian, her grandmother, was hospitalized. He
also stated that he was a valuable member of the community
and was due to become a father in the following month.
January 15, 2014, S.R. had a forensic examination conducted
at Hope's Place Child Advocacy Center. She reported that
Simms raped her and wore a condom when he did so. The
examination revealed medical trauma consistent with sexual
activity. S.R. also had a medical condition which prevented
the doctor from completing the examination.
next day, Detective Boarman again spoke to Simms, who
recommended that he speak with a family friend, Wanda Click.
Click told Boarman that S.R. had recanted her accusations.
This led to a second interview with S.R. During that second
interview, S.R. indeed recanted her allegations.
January 27, 2014, S.R.'s lab test came back showing she
was positive for a sexually transmitted disease. Social
Services removed S.R. from her home. Detective Boarman
interviewed S.R. again. This time, S.R. reaffirmed her
original rape allegations and explained that Wanda Click had
pressured her to change her story.
later volunteered to be tested for sexually transmitted
diseases; he tested positive for the same condition as S.R.
Detective Boarman decided to interview him again and confront
him with the test results. Simms agreed to drive to the
police station for the interview, which was conducted by
Detective Boarman and Detective Chris Carter.
police station, Boarman told Simms he was not in custody and
was free to leave at any time. Boarman also told Simms that
he could get up and walk out the door if he was
uncomfortable. After these initial statements, Boarman
confronted Simms with the lab results. Simms responded that
he wanted to get something off his chest. Simms stated that
S.R. had come on to him and told him that she had been
looking at pornographic magazines and wondered how it might
feel for someone to do to her what she had seen in the
magazines. Simms admitted that S.R. touched ...