Defendant Timothy Ward
Jackson, pastor of the Outreach Cathedral of Faith AOH Church of God, was convicted
of six counts of first-degree criminal sexual conduct involving the daughter of
his assistant pastor. The victim first
reported the abuse to her aunt, Jacklyn Price.
Price had observed that the victim was spending a lot of time with
Jackson. Price testified that she wanted
to determine if Jackson had touched the victim in a sexual manner. So Price initiated the conversation by
telling the victim about a woman who had been involved in a relationship with
Jackson. She also insinuated that she
was involved in a prior relationship.
Price then asked the victim to tell an adult if anyone had been touching
her inappropriately. The victim began to
cry and told Price about her sexual interactions with Jackson. Jackson denied engaging in any sexual conduct
with the victim, but the jury convicted him as charged.
On appeal, Jackson complained
that Price’s testimony amounted to improper character evidence, admitted in
violation of MRE 404(b) and without proper notice. MRE 404(b) states that “[e]vidence of other
crimes, wrongs, or acts is not admissible to prove the character of a person,”
but may be admissible for “other purposes, such as proof of motive,
opportunity, intent, . . . knowledge, identity, or absence of mistake . . . .” Before the trial begins, the prosecutor is
required to provide notice to the defendant of the general nature of any such
evidence, and the purpose for which it will be admitted. In an unpublished opinion, the Court of
Appeals panel ruled that, although Price’s testimony did “arguably refer to
prior acts” by Jackson and was the type of evidence contemplated by MRE 404(b),
it was nevertheless admissible as “res gestae” evidence. “Under the res gestae principle, parties may
elicit testimony that is necessary to allow the jury to hear the ‘complete
story,’ even if that testimony incidentally describes the commission of another
crime or wrong.” Without Price’s
explanation of why she decided to ask the victim whether she had been
inappropriately touched, the jury would have been confused by the rest of
Price’s testimony, the Court of Appeals held.
Two Court of Appeals judges further agreed that, because the challenged
portions of Price’s testimony were admissible under the res gestae exception,
the prosecution was not required to provide notice of its intent to present the
evidence under MRE 404(b). The third
Court of Appeals judge concluded that the prosecutor was required to give
notice, but that the error did not warrant reversal. Accordingly, the Court of Appeals affirmed
Jackson’s convictions.
Jackson appealed. On December 23, 2014, the Court ordered oral
argument on whether to grant the application or take other action. The parties were directed to address: (1)
whether the challenged testimony of Jacklyn Price regarding the defendant’s
prior sexual relationships was admissible res gestae evidence; (2) if so,
whether the prosecutor was required to provide notice pursuant to MRE
404(b)(2); and (3) whether, if notice was required, any failure in this regard
was prejudicial error warranting reversal.