OF JUDGMENT: 11/09/2017
FROM WHICH APPEALED: TUNICA COUNTY CIRCUIT COURT TRIAL JUDGE:
HON. LINDA F. COLEMAN
ATTORNEY FOR APPELLANT: PHILIP CAREY HEARN
ATTORNEY FOR APPELLEE: OFFICE OF THE ATTORNEY GENERAL BY:
BILLY L. GORE
DISTRICT ATTORNEY: BRENDA FAY MITCHELL
WESTBROOKS, McDONALD AND McCARTY, JJ.
Rickie Green appeals his conviction in the Tunica County
Circuit Court for one count of fondling by an authority
figure in violation of Mississippi Code Annotated section
97-5-23(2) (Rev. 2015). Green asserts that the trial court
erred in denying his motion for a new trial. Green also
asserts that the trial court failed to conduct an
investigation into whether juror misconduct resulted in an
unfair trial. We find no error and affirm.
AND PROCEDURAL HISTORY
On Thanksgiving Day 2015, D.D.,  her parents Willie and
Loran, and numerous other relatives were at Green's
residence he shared with his wife, Shirley Isabell, and their
children and grandchildren. Green gave D.D. and two of her
younger cousins two rides on his four-wheeler to a spot some
distance from the residence.
At trial, D.D. testified that during the second four-wheeler
excursion, Green stopped to use the restroom by a pond. D.D.
stated that when Green returned to the four wheeler, he stuck
his hand down her pants into her underwear and touched her
vagina. Upon returning from the second excursion, D.D. was
seen walking back toward the house while the other children
were still on the four wheeler. D.D. testified that she was
crying and highly upset. She stated that she immediately told
her father what Green had done to her, because he was
standing outside when she arrived home.
A short time later, there was an altercation regarding the
incident among Willie, Shirley, and Shirley's son, and
the police were called to the Greens' home. Shirley
testified that the altercation started after Willie took a
swing at her; however, Willie testified that the altercation
occurred after he tried to speak with Green regarding
D.D.'s allegation of sexual abuse. Officer Victor Randle,
formally with the Tunica County Sheriff's Office,
responded to the disturbance. Officer Randle testified that
when he arrived he encountered D.D. and her mother, Loran.
D.D. informed Officer Randle that her uncle, Green, put his
hands down her pants and touched her between her legs.
Officer Randle stated that he collected clothes from
Green's house to test them for evidence.
Detective John Logwood, an investigator with the Tunica
County Sheriff's Office, took D.D. for her forensic
interview with Meredith Rawl. Rawl, an expert in the field of
forensic interviewing, testified that D.D. disclosed that
Green touched her vagina while on the four wheeler. Rawl
stated that based upon her interview with D.D., she believed
that D.D.'s statements were consistent with a child who
had been abused.
Green testified on his own behalf and claimed that he touched
D.D., just not in the sexual manner that she maintained.
Green stated that he grabbed D.D. right before hitting a
speed bump to stop her from falling off. After he grabbed
her, Green testified that D.D. stated "My momma said
nobody touch me" and that D.D. started to cry.
Following a jury trial,  Green was convicted and sentenced to
five years in the custody of the Mississippi Department of
Corrections, with three years suspended with supervised
probation. Green was also ordered to register as a sex
offender upon release. Green filed a motion for a judgment
notwithstanding the verdict (JNOV), and alternatively for a
At Green's hearing on his JNOV motion or motion for a new
trial, one of his arguments was that one of the jurors on the
jury panel failed to disclose pertinent information regarding
her connection with the victim and witnesses in this case.
The trial court denied ...