State v. Pierce

Seven-year-old J G’s mother was dating Preston Lee Pierce (defendant). On August 25, 2007, while Pierce was babysitting J G, Pierce contacted J G’s vagina and anus with his penis. Pierce was arrested for this conduct the following day. When Pierce’s arrest was publicized, other women came forward and accused Pierce of committing sexual misconduct against them when they were minors. The State of Louisiana (plaintiff) charged Pierce with aggravated rape and sexual battery. Prior to Pierce’s trial, the court held a competency hearing to determine whether J G was competent to testify. At the hearing, J G correctly identified her name, age, date of birth, and address. J G also correctly distinguished between true statements and lies. She understood her surroundings in the courtroom and identified the judge based on his robe. She also expressed her understanding that she had to tell the truth in the courtroom because she could get in trouble if she lied. She testified that she believed in God, said that God wanted her to tell the truth, and suggested that liars go to hell instead of heaven. J G did admit to lying in the past but promised to tell the truth at trial. Although J G had been diagnosed with bipolar disorder and posttraumatic stress disorder, a doctor testified at the hearing that bipolar disorder would not affect J G’s ability to tell right from wrong. The trial court found J G competent to testify, and she testified at trial. The jury ultimately found Pierce guilty. Pierce appealed to the Louisiana Court of Appeal.