State v. Updite

Dadrien Updite (defendant) and his wife, Joney Pillows-Updite, had a verbal and physical altercation in their apartment. Two days later, Pillows-Updite called the police to report the altercation. Police took recorded statements from Pillows-Updite and her nine-year-old daughter, who had been in the apartment when the altercation occurred. Pillows-Updite told police that Updite called her names, punched her, and choked her. The police subsequently told Updite that he was under investigation for battery. Updite denied hitting Pillows-Updite and said that Pillows-Updite had hit him. A few days later, Pillows-Updite stated that she wanted to withdraw her complaint because she had overreacted to the incident and had misunderstood Updite’s intent. Pillows-Updite accused police officers of forcing her to give a statement, and she said that she did not want to press charges. Notwithstanding the withdrawal of the complaint, the State of Louisiana (plaintiff) charged Updite with domestic-abuse battery. A few weeks later, Pillows-Updite filed a petition for protection from abuse, in which she again alleged that Updite had punched, choked, shoved, slapped, and threatened her. However, at Updite’s subsequent trial on the battery charge, Pillows-Updite testified and recanted her abuse allegations. Pillows-Updite said that someone else had written her petition for protection and that she had not read it before signing it. Pillows-Updite further testified that Updite had not intended to hurt her and may have just fallen on her instead of punching her. Pillows-Updite also stated that she threw something at Updite, causing him to restrain her. One of the police officers who initially interviewed Pillows-Updite and her daughter testified and said that Pillows-Updite had given a clear statement about the altercation. The officer also testified that Pillows-Updite had bruises on her body, which she said she received from Updite hitting her. The trial court found Updite guilty of domestic-abuse battery, and Updite appealed. On appeal, Updite argued that the trial court improperly relied on Pillows-Updite’s prior inconsistent statements as substantive evidence about the altercation.