P. v. Dougherty CA3
Defendant Tony Ray Dougherty was found guilty of two counts of forcible rape of one of his stepdaughters, and with committing lewd and lascivious acts on another stepdaughter. The court sentenced him to an indeterminate term of 225 years to life in state prison, plus a determinate term of 15 years.
On appeal, defendant contends that the trial court erred by permitting expert testimony on child sexual abuse accommodation syndrome (CSAAS). He argues the testimony should have been subjected to Kelly/Frye scrutiny, and that admitting it without a Kelly/Frye hearing violated his constitutional rights to due process and a fair trial. Even if a Kelly/Frye hearing was not required, defendant asserts the trial court abused its discretion because the expert essentially vouched for the victims’ testimony.
We conclude the trial court properly admitted the CSAAS evidence without subjecting the expert’s testimony to Kelly/Frye scrutiny. We shall affirm the judgment.
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