WILLARD RANDALL MARQUIS a/k/a RANDY MARQUIS a/k/a WILLARD R. MARQUIS
STATE OF MISSISSIPPI
OF JUDGMENT: 12/09/2016
BOLIVAR COUNTY CIRCUIT COURT, HON. CHARLES E. WEBSTER JUDGE.
COURT ATTORNEYS: JAMIE MARIE BANKS ALISON LESLIE FLINT
RAYMOND L. WONG BOYD P. ATKINSON
ATTORNEYS FOR APPELLANT: OFFICE OF STATE PUBLIC DEFENDER BY:
W. DANIEL HINCHCLIFF GEORGE T. HOLMES.
ATTORNEYS FOR APPELLEE: OFFICE OF THE ATTORNEY GENERAL BY:
KATY GERBER LISA L. BLOUNT.
DISTRICT ATTORNEY: BRENDA FAY MITCHELL.
WALLER, C.J., CHAMBERLIN AND ISHEE, JJ.
Willard Marquis was convicted for the sexual battery of J.D.,
female minor under the age of fourteen. In a pretrial
competency hearing, J.D., who was seven at the time, was
found to be competent to testify. And a day later, J.D.
testified at trial through closed-circuit TV. During the
trial, a recording of a forensic interview of J.D. was played
before the jury. Also played before the jury was a recording
from J.D.'s mother's cell phone in which J.D. told
her mother of the alleged sexual abuse. At the end of the
trial, the jury found Marquis guilty.
Marquis appeals his conviction for three reasons. First,
Marquis claims that J.D. was not competent to testify.
Second, Marquis argues that the State's use of a recorded
forensic interview of J.D. violated his constitutional right
to confront the witnesses against him. And finally, Marquis
claims that the State's use of the recorded conversation
between J.D. and her mother, along with the recording of the
forensic interview, was cumulative evidence which amounted to
Having reviewed the record, we disagree and affirm
AND PROCEDURAL HISTORY
One evening while getting a bath from her mother Amy, J.D.,
just five years old at the time, informed Amy of several
instances in which Marquis had sexually abused her. Upon hearing
this, Amy retrieved her cell phone and recorded the rest of
J.D.'s claims. Throughout the course of the bath-time
conversation with Amy, J.D. claimed that Marquis had touched
her-pointing to her vaginal and anal areas. Later that
evening, Amy told J.D.'s father, Steven, of J.D.'s
The next day, Steven arrived at the Cleveland Police
Department and lodged a complaint; Marquis was then arrested
for sexual battery. Marquis's indictment alleged that the
sexual-battery incidents occurred between August 1, 2012, and
December 31, 2013. A copy of Amy's cell-phone recording
was given to the police and eventually was played for the
jury at trial.
On September 24, 2014, Rachel Daniels, a social worker for
the Children's Safe Center at University of Mississippi
Medical Center in Jackson, conducted a forensic interview of
J.D. During this interview, J.D. disclosed the details of the
alleged sexual abuse. As a result of this interview, Daniels,
as an expert in social work and forensic interviewing,
concluded that J.D.'s disclosures were consistent with a
child who had been sexually ...