Carthage man's appeal on statutory sodomy, child molestation convictions rejected

The Missouri Southern District Court of Appeals today rejected a Carthage man's efforts to have his 25-year sentences for statutory sodomy and child molestation set aside.

The attorney for Arch Robinson, 62, claimed the judge should not have allowed a witness who described Robinson's previous molestation of her. The opinion, written by Judge Becky J. W. Borthwick, said trial judges are given a wide latitude in making decisions on a witness' evidentiary value.

The three-judge panel also rejected Robinson's other points, both of which also centered around testimony that the judge allowed.

A Jasper County jury found Robinson guilty following a two-day trial in Ju ly 2021. Judge Gayle Crane sentenced Robinson to 25 years on each count with the sentences to run concurrently. Robinson will have to serve at least 80 percent of his sentence.

Robinson's crimes were detailed in the opinion:

In July 2020, H.D., along with her stepsister and stepbrother, spent the night at Defendant’s house. H.D. and her stepsister built a blanket fort in the living room, and Defendant laid down with them inside the fort to watch videos on his phone. 

While they were watching videos, Defendant touched H.D. on her chest, stomach, thighs, and genitals, both over and under her clothes. He also put his mouth on hers and put his tongue in her mouth.

Defendant left and H.D. got her phone and sent text messages to her mother, stepfather, and grandmother telling them what had happened and asking them to pick her up. When they did not respond, she went back to the fort. 

Defendant later returned and tried to touch her again. H.D. eventually fell asleep and woke up when her mother and stepfather came to pick her up. H.D.’s parents contacted the police, who responded to the scene and conducted an investigation at Defendant’s house. 

H.D. participated in a forensic interview at a child advocacy center, which was recorded and played for the jury at Defendant’s trial. Defendant was subsequently charged with one count of first-degree statutory sodomy and one count of second-degree child molestation. 

Prior to the trial, the State filed notice of its intent to offer evidence of Defendant’s prior criminal acts at trial, pursuant to Article I, Section 18(c) of the Missouri Constitution, in order to demonstrate Defendant’s propensity to commit the charged offenses. 

The State sought to admit propensity evidence in the form of testimony by {description of witness} K.R. The court heard argument and overruled Defendant’s objection. At trial, defense counsel again raised the objection and was granted a continuing objection. 

At trial, K.R. testified that Defendant had sexually assaulted her when she was 14 years old. She stated he groped her breasts while she 3 was sitting on his lap, and that he kept going even when she started crying and asked him to stop. 

She also testified he touched her inappropriately on another occasion. 

H.D. testified and described her interaction with Defendant on the night in question. Testimony was also received from H.D.’s stepsister, mother, stepfather, and the investigating officer. 

Defendant testified he did not touch H.D. or K.R. inappropriately.