Appeal from the Superior Court of the District of Columbia (F-1158-00) (Hon. Michael L. Rankin, Trial Judge).
Before Wagner, Chief Judge, Glickman, Associate Judge, and Pryor, Senior Judge.
The opinion of the court was delivered by: Pryor, Senior Judge
Appellant Emmett Jones was convicted of three counts of first-sexual abuse against three different complainants, in violation of D.C. Code § degree 22-4102 (1997), two counts of aggravated assault while armed, in violation of D.C. Code §§ 22-504.1, -3202 (1994), and one count of aggravated assault, in violation of D.C. Code § 22-504.1. On appeal, appellant contends: (1) that in violation of the Confrontation Clause of the Constitution, the trial judge prevented him from cross-examining an investigating officer with regard to omissions from warrant affidavits and the officer's failure to comply with a Department General Order with respect to identification procedures, and (2) that his unarmed aggravated assault count against one of the complaining witnesses should have merged with the count of aggravated assault while armed. For the following reasons, we affirm.
At trial, in addition to other supporting evidence, three complaining witnesses testified that they were sexually assaulted on different occasions. The first witness, O.D., stated that on December 19, 1999, she was working as a prostitute at 9th and Jefferson Streets, N.W., in Washington, D.C. O.D. stated early that day she was approached by appellant, who was driving a burgundy van. She entered the van and agreed to perform oral sex in exchange for $10. O.D. subsequently offered to have vaginal intercourse with appellant. While laying on her stomach, appellant thrust a bottle into her body. The bottle was approximately a foot long, and appellant forced the entire bottle into O.D.'s anal cavity, causing her to scream and beg appellant to stop. Shortly thereafter, O.D., whose clothes and body were covered in blood, was able to exit the van. She attempted to remove the bottle, but was unable to do so. Appellant removed the bottle and gave her $10. O.D. eventually went to a nearby apartment and ingested crack cocaine with other individuals. They persuaded her to seek medical attention and convinced her to wait outside while they anonymously called an ambulance. An ambulance arrived and took O.D. to Washington Hospital Center, where she was treated by Dr. Sangeeta Wood and other physicians. Dr. Wood testified that O.D.'s clothing was soaked in blood and that she received serious lacerations to her intestines. Dr. Wood also testified that the injuries required life-saving surgery.
O.D. was interviewed by detectives while in recovery. She described her assailant as a "black male, in his thirties, medium build, medium complexion, wearing a baseball cap." She described the vehicle in which she was attacked as "a burgundy van with wood on the side and slid[ing] doors." In April 2000, in the presence of two police detectives, O.D. positively identified a photograph of appellant as her assailant after viewing a photographic array. A few days later, O.D. was a passenger in a vehicle driven by the two detectives and she identified the areas where she was picked up (9th and Jefferson Streets) and attacked (between 14th Street and Piney Branch Road, near a "big green fence"). She was not asked to view a lineup.
Another complaining witness, R.W., stated that on the evening of February 9, 2000, she was working as a prostitute on the corner of 8th and Kennedy Streets, N.W. She observed a burgundy van with wood paneling and a sliding door driven by appellant. Appellant eventually approached her, and she agreed to have vaginal intercourse with appellant for $10. When she entered the van, appellant asked if they could have anal sex, but R.W. steadfastly refused. During the course of their exchange, appellant asked R.W. to turn around so her back was facing him. He then went to the front of the van to get a jar of vaseline. R.W. asked appellant what he was doing. As she made her inquiry, appellant rammed his hand and part of his arm repeatedly into R.W.'s anus and vagina. R.W. tried to get away, but appellant pinned her down and punched her in the face numerous times. She eventually escaped from the van.
R.W. did not initially report the incident to the police, thinking they would not be receptive to a complaint from a prostitute. However, her pain became so severe that she went to Shady Grove Hospital a day and a half after the incident occurred, where she was treated for her injuries. While at the hospital, R.W. met with a police detective and gave an initial description of her assailant, describing him as tall, clean-shaven, and wearing a scarf over his head. This description was used to form a composite drawing. When shown the composite drawing, however, R.W. concluded that the rendering did not resemble her assailant. Subsequently, R.W. attended a lineup at police headquarters, where she identified appellant as her assailant with some hesitation. At trial she stated she was certain that appellant was her assailant. R.W. also viewed a photograph of appellant's van and concluded that it was the vehicle in which she had been attacked. R.W. also identified the areas where she had been picked up and attacked.
H.T., a third complaining witness, testified that on February 17, 2000, she was working as a prostitute in the area of Georgia Avenue and Delafield Place, N.W. She watched appellant get into a burgundy van with wood panels. He then pulled his vehicle up to her, and she agreed to perform oral sex for $15. Appellant informed H.T. that he wished to have vaginal intercourse as well. As H.T. was lowering her pants and moving around in the van, appellant pinned her down and forced a bottle into her rectum. H.T. screamed in severe pain. As she was screaming, appellant hit her several times in the face, breaking multiple bones. ...