People v. Ogg

Daniel Ogg (Daniel) sexually abused Lynda Gabriella Ogg’s (Ogg) (defendant) daughter, AR, from when Daniel moved in with Ogg when AR was six years old until AR’s friend finally reported the abuse to police when AR was 16 years old. Ogg was never present during the abuse, but AR testified that she told Ogg about the abuse at ages six and 10. The second time, Ogg responded that AR could either call the police or give Daniel another chance but that if she called police, Daniel and Ogg would go to jail and AR and her little brother would go to foster care, where Ogg herself had been sexually abused. That year, Daniel independently mentioned the sexual abuse to Ogg. Ogg married Daniel the following year, and Daniel continued to abuse AR. Ogg told police that she had some awareness of the recurring sexual abuse, that she believed Daniel would not do it again, and that she feared she would lose her children. Ogg’s mother testified that after Daniel’s arrest, she asked Ogg why Ogg failed to protect AR, and Ogg told her, “the kids would come and go, but Daniel would be in her life forever.” A jury convicted Ogg of aiding and abetting continuous sexual abuse of a child. The trial court sentenced Ogg to 16 years of incarceration. Ogg appealed, arguing that insufficient evidence supported her specific intent to act as an aider and abettor of Daniel’s crimes.