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01/26/90 DAVID MCLEOD v. UNITED STATES

January 26, 1990

DAVID MCLEOD, APPELLANT
v.
UNITED STATES, APPELLEE



Appeals from the Superior Court of the District of Columbia; Hon. Bruce S. Mencher, Trial Judge.

Before Newman, Ferren and Terry, Associate Judges.

The opinion of the court was delivered by: Newman

NEWMAN, Associate Judge: This appeal arises from a conviction of McLeod of (1) four counts of taking indecent liberties with a minor child, D.C. Code § 22-3501, and (2) one count of carnal knowledge, D.C. Code § 22-2801. He raises several issues in this appeal, only two of which merit more than conclusory Discussion. McLeod argues that his conviction should be overturned because (1) the United States Attorney failed to refer the matter to the Director of Social Services as an intrafamily offense, pursuant to D.C. Code § 16-1002; and (2) the prosecutor's questions during cross-examination required one witness to comment on the veracity of previous witnesses. *fn1

I.

According to the government's evidence, McLeod repeatedly sexually assaulted his stepdaughter, Pamela, who was 12 years old at the time of the charged assaults, and her cousin, Tammy, who was 11 and 12 when he allegedly assaulted her. The alleged crimes took place during the course of two years, from June 1982 through the summer of 1984, in McLeod's home. At the time of the charged crimes, he lived in the same house with his wife, his three natural daughters (all young children), and his stepdaughter, Pamela. Tammy often visited the McLeod home and sometimes slept over.

McLeod repeatedly molested or had sexual intercourse with complainants. He is charged, however, only with specific incidents that Pamela and Tammy were able to date through association with specific events in their lives. The charged incidents were as follows:

(1) McLeod forced Pamela to have intercourse with him one morning sometime during her spring break in 1984 (April 20 to 27, 1984);

(2) On April 7, 1984, the day of the Cherry Blossom Parade, McLeod attempted to persuade Pamela to have sexual intercourse with him; she refused and he then molested her;

(3) McLeod molested Tammy on the day of her grandmother's funeral (June 4, 1982);

(4) McLeod molested Tammy again that night (June 1, 1982); and

(5) McLeod molested Tammy during the summer of 1983.

II.

McLeod argues that the prosecutor violated D.C. Code § 16-1002, which provides as follows:

(a) If upon the complaint of any person of criminal conduct by another or the arrest of a person charged with criminal conduct, it appears to the United States Attorney for the District of Columbia (hereinafter referred to as the United States attorney") that the conduct involves an intrafamily offense, he shall notify the Director of Social Services. The Director of Social Services may investigate ...


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