MADISON, Wis. – Jurors didn’t have to watch a pornographic video an accused child molester showed some girls to convict him of exposing them to harmful materials, the state Supreme Court ruled Thursday.
Tyrone Booker had argued jurors should have been shown the video so they could decide for themselves whether it was offensive. But the Supreme Court disagreed, saying reasonable jurors could conclude from testimony from the three girls and a detective that adults would consider the video unsuitable for children.
A juror “could conclude from the testimony that the video was absolutely void of serious literary, artistic, political, scientific or educational value for children,” Justice Patience Drake Roggensack wrote.
The ruling reversed a decision by the 1st District Court of Appeals to dismiss Booker’s conviction on two counts of exposing a child to harmful materials.
Booker’s attorney, Jeffrey Jensen, said he hadn’t seen the decision and declined comment. Mike Bauer, a spokesman for the Wisconsin Department of Justice, which represents the state in felony appeals, issued a statement saying Attorney General Peg Lautenschlager was pleased with the reversal.
The case stems from 2001 when three girls, all younger than 15, skipped school to visit a boyfriend at Booker’s apartment, according to the Supreme Court ruling. They arrived to find the boyfriend gone, but Booker let them in and put on a video.
The girls and a detective testified at Booker’s trial the video showed women performing oral sex on men.
Booker later picked up a tree branch and said he would whip the boyfriend’s little brother with it unless one of the girls danced for him, the ruling said. The oldest of the girls agreed.
Booker then threatened to call the girls’ parents or the police to tell them they were skipping school unless the oldest girl went into a room alone with him. She complied, and Booker sexually assaulted her, the ruling said.
Booker also was convicted of two counts of second-degree sexual assault of a child.