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STATE OF MISSOURI, Plaintiff-Respondent v. MICHAEL LEE HOLT
Citations: 428 S.W.3d 793; 2014 WL 1814119; 2014 Mo. App. LEXIS 523Docket: SD32812
Court: Missouri Court of Appeals; May 7, 2014; Missouri; State Appellate Court
Original Court Document: View Document
Michael Lee Holt, the defendant-appellant, was convicted of statutory rape and statutory sodomy involving a ten-year-old victim, who was sixteen at the time of trial. During the trial, the victim held a teddy bear in the courtroom, which prompted the appellant's counsel to request its removal, arguing it unduly influenced the jury. The trial court denied the request, citing the right under section 491.725 to allow comfort items for child witnesses, asserting that this statute applies only to children testifying and not to spectators. The appellate court found no merit in Holt's argument, confirming that section 491.725 pertains solely to testifying children and that the victim did not have the teddy bear while testifying. The court emphasized that it was not appropriate for them to extend the statute's provisions to non-testifying child spectators. The trial court's discretion in managing courtroom proceedings was upheld, as it determined that the jury likely would not have noticed the teddy bear had it not been mentioned by the defense. Additionally, the court noted that even if the jury had perceived any potential prejudice from the teddy bear, it would not have affected their assessment of the victim's credibility. The conviction was ultimately affirmed, with all judges concurring in the decision.