United States v. Begay

A federal jury convicted Carl Begay (defendant) of aggravated sexual abuse, which requires proof of sexual intercourse. In December 1987, Anna R. woke up to find Begay, her boyfriend, on top of DR, her eight-year-old daughter. In March 1988, Doctor Robert Wagner observed that DR had an unusually large hymenal opening and what Wagner believed was an abrasion. In May 1988, Begay confessed to two criminal investigators that Begay had inserted his penis in DR’s vagina. However, Begay moved to suppress the confession before trial, arguing that Begay was scared and did not know that at that time, police were also investigating John Jim for having sexual intercourse with DR at least twice in summer 1987. Begay also filed motions to offer evidence under Federal Rule of Evidence 412 that (1) Jim had pleaded guilty to the aggravated sexual assault of DR, (2) DR had told Begay’s defense investigator that Jim had gotten inside of DR and that Begay had not, and (3) Doctor Wagner would concede during cross-examination that it was impossible to determine whether Jim alone had caused the irregularities in DR’s hymen. The district court admitted Begay’s confession and excluded Begay’s proffered evidence about Jim. The court reasoned that the Jim incidents were inadmissible because it would be unfair to DR to question DR about another rape, would prejudice the jury against DR, and would create confusion by effectively retrying Jim’s rape case. During closing arguments, the prosecution (plaintiff) repeatedly emphasized that the medical evidence showed that DR had been sexually penetrated. Begay appealed from his conviction, primarily arguing that the district court had erred by excluding the Jim evidence because it violated Begay’s constitutional right to confront witnesses against him.