Full Opinion

Fifth Circuit Court of Appeal State of Louisiana __________ No. 25-KA-544 ________________ STATE OF LOUISIANA versus THOMAS MICHEAL WELTY ON APPEAL FROM THE TWENTY-FOURTH JUDICIAL DISTRICT COURT PARISH OF JEFFERSON, STATE OF LOUISIANA NO. 21-5427, DIVISION "K" HONORABLE ELLEN SHIRER KOVACH, JUDGE PRESIDING November 04, 2026 MARC E. JOHNSON JUDGE Panel composed of Judges Marc E. Johnson, John J. Molaison, Jr., and Scott U. Schlegel CONVICTIONS AND SENTENCES ON COUNTS TWO TO FIVE AFFIRMED; SENTENCE ON COUNT ONE VACATED AND REMANDED FOR RESENTENCING; REMANDED WITH FURTHER INSTRUCTIONS MEJ JJM SUS COUNSEL FOR DEFENDANT/APPELLANT, THOMAS MICHAEL WELTY Justin C. Harrell Remy V. Starns COUNSEL FOR PLAINTIFF/APPELLEE, STATE OF LOUISIANA Honorable Paul D. Connick, Jr. Terry M. Boudreaux Andrea F. Long R. Erich Cathey Lashanda Webb JOHNSON, J. Defendant, Thomas Michael Welty, appeals his convictions and sentences for second degree rape, trafficking children for sexual purposes, indecent behavior with a juvenile, contributing to the delinquency of a juvenile, and sexual battery rendered in the 24th Judicial District Court, Division “K”. For the following reasons, we affirm Defendant’s convictions. We vacate the sentence as to count one and remand the matter for resentencing. We also remand this matter for correction of the sentencing minute entry and the uniform commitment order as to count five. Additionally, we affirm the sentences for all other counts. FACTS AND PROCEDURAL HISTORY On June 29, 2023, the Jefferson Parish District Attorney filed a bill of information charging Defendant with second degree rape, in violation of La. R.S. 14:42.1 (count one) and trafficking children for sexual purposes, in violation of La. R.S. 14:46.3 (count two). Both counts pertained to a juvenile born on November 7, 2003. Defendant was arraigned and pleaded not guilty on August 25, 2023. However, multiple subsequent bills were filed by the State. On July 15, 2024, the State filed a bill charging Defendant with second degree rape, in violation of La. R.S. 14:42.1 (count one); trafficking children for sexual purposes, in violation of La. R.S. 14:46.3 (count two); indecent behavior with a juvenile, in violation of La. R.S. 14:81 (count three); contributing to the delinquency of a juvenile, in violation of La. R.S. 14:92 (count four); and sexual battery, in violation of La. R.S. 14:43.1 (count five). Counts one and two still pertained to the juvenile born on November 7, 2003. Counts three through five pertained to a juvenile born on September 4, 2004. Defendant was arraigned and pleaded not guilty on July 18, 2024. A bill was filed on March 6, 2025, which specified that contributing to the delinquency of a juvenile (count four) was in violation of La. R.S. 14:92(A)(11)(a) and changed the date of birth of the victim in counts three through five from 25-KA-544 1 September 4, 2004, to September 10, 2004. A final bill was filed on May 12, 2025. The last amended bill added the following language to count one: “and/or when the victim is incapable of resisting or understanding the nature of the act by reason of stupor or abnormal condition of the mind produced by a narcotic or anesthetic agent or other controlled dangerous substance administered by offender and without the knowledge of the victim.”1 A jury was selected on May 12, 2025. Defendant pleaded not guilty to the last amended bill on May 13, 2025, and a mistrial was granted on May 14, 2025. Jury selection for the new trial began again on May 15, 2025. At trial, it was presented that C.C., who was 21 years old at the time, was raised by her grandfather and step-grandmother, T.Z.2 C.C. explained that her father left before she was born and that her mother could not raise her. T.Z. stated C.C.’s mother used drugs and that she took full custody of C.C. when she was seven months old. C.C. was also close to her maternal grandmother who died when C.C. was nine years old. C.C. was very upset by her maternal grandmother’s death and felt abandoned, unloved, and hopeless. T.Z. described that, although C.C. was depressed and in counseling in fourth grade, she did well in elementary school. However, things went downhill in middle school when, at 10 years old, she started experimenting with drugs like marijuana and pain pills. In 2019, C.C. was at a friend’s house smoking marijuana and met Pricilla, also known as Carter, when she came over to smoke with them. At that time, C.C. was 14 or 15 years old. T.Z. described that Carter was younger than C.C. As their 1 The first bill used Defendant’s full middle name, while the latter bills used his middle initial. 2 C.C. testified that she was 21 years old at the time of trial. She testified on May 16, 2025. Counts one and two pertained to a victim born on November 7, 2003. At the time of trial, that victim would have been 21 years old. In the interest of protecting crime victims who are minors, victims of sexual offenses, and victims of human trafficking-related offenses as set forth in La. R.S. 46:1844(W), the judges of this Court have adopted a policy that this Court’s published work will use only initials to identify the victim. See State v. Pichoff, 25-211 (La. App. 5 Cir. 12/18/25), 428 So.3d 932, 937 n.3; State v. E.J.M., III, 12-774, 12-732 (La. App. 5 Cir. 5/23/13), 119 So.3d 648, 652 n.1. See also, Uniform Rules–Courts of Appeal, Rule 5-2. Initials will also be used to refer to C.C.’s step-grandmother. 25-KA-544 2 friendship grew, C.C. asked to sleep over at Carter’s house and go to Mardi Gras 2019. After meeting her mother and being assured that C.C. would be safe and that it would only be the mother, Carter, and C.C. there, T.Z. allowed her to sleep over. C.C. provided that they planned to go to parades that Mardi Gras. They waited for Carter’s father (Defendant) to come home, and Carter asked him if he was okay with bringing them to Bourbon Street in the French Quarter. Defendant brought them there in his red truck. C.C. recounted who went, including R.M.3 and a woman they picked up. C.C. stated that at 14 years old, she was the oldest child there. Defendant bought C.C. approximately eight drinks, including hand grenades, daiquiris, and mixed drinks. She said she was drunk but coherent when they returned to Defendant’s truck. C.C. explained that after dropping off the woman who was with them, they went to Defendant’s house on Canterbury Lane in Metairie. She remembered Defendant carried her up the stairs and into his bedroom. C.C. testified that he put her on the bed. She did not hear anything for a short period but then heard the nightstand drawer close. C.C. testified that she felt a tourniquet around her arm and then a needle as Defendant administered methamphetamines to her. She felt sober and awake but physically “tingly and weird.” No one else was in the room with them. C.C. stated Defendant removed all his and her clothes. She testified that he began to “orally rape” her by putting his tongue on her vagina and then “vaginally rape” her by putting his penis in her vagina. She denied that she “in any way consent[ed] to being raped.” C.C. stated she stayed still because she thought she would be hurt if she moved or screamed. She provided that he did not verbally 3 R.M. testified at trial that she was 20 years old. She testified on May 16, 2025. The victim in counts three through five was born on September 10, 2004. As such, at the time of trial, the victim in those counts would have been 20 years old. Therefore, counts three through five pertain to R.M. 25-KA-544 3 threaten her but that a firearm was on the dresser within Defendant’s reach and that she did not know if he would use it on her. C.C. testified that when Defendant finished, he called his friend Mike, who then arrived and “anally raped” her as Defendant watched. She said she was too afraid to say no. She testified that Defendant called another friend, Kenny. Kenny arrived and “vaginally raped” C.C., as Defendant was “hitting his pipe.”4 C.C. said Defendant gave her additional methamphetamine that night. She said he also used methamphetamine. Defendant brought her home, where she stayed during the day. She went back that night because the drugs were wearing off, and she liked the way they made her feel. She wanted more drugs. C.C. stated Defendant picked her up two blocks away from her house every day for two months. She recalled that one day, Defendant told her that he was tired of picking her up and that she needed to move in. T.Z. indicated that after COVID-19 began, C.C. stayed “with the kids across the street” for a couple of weeks.5 After “the girls” had an argument, C.C. asked T.Z. if she could stay at Carter’s house. C.C. then stayed there. C.C. explained that Defendant gave her more drugs. She said she often had sex with Defendant in exchange for methamphetamine. She recounted, “He, basically, says as long as I give him what he wants which is sex, then I can have whatever I want which would be drugs.” C.C. stated Defendant got drugs from Mike, Kenny, and other people. C.C. testified that if she had sex with people, Defendant did not pay for the drugs. She said this happened almost daily and that 4 On cross-examination, C.C. was asked if Mike and Kenny were gay. She replied, “Does it honestly matter? I mean sex is sex. If they want to have sex, they’re going to do what they need to do.” She was also asked if Mike was HIV positive, and she stated she did not know. She testified that she has HPV and does not have HIV. C.C. acknowledged that there was a time after she met Defendant that she alleged that she was pregnant. She said that, although she was on birth control, a pregnancy test Defendant gave her showed a plus sign. T.Z. recalled that C.C. had a miscarriage at some point. T.Z. testified that C.C. told her that Defendant “brought her to get abortions.” 5 T.Z. elaborated that she underwent chemotherapy for breast cancer twice, most recently in 2018. She described that she was very afraid of catching COVID-19, so she let C.C. stay at other people’s homes because she was going in and out of the house. 25-KA-544 4 it happened with one to four people in a day. She denied that she “in any way consent[ed] to the defendant allowing other men to rape” her. C.C. testified that during this time, she felt like she loved Defendant and explained that he made her believe that once she was of legal age, they could be together. She explained that Defendant treated her like a girlfriend and that his bedroom became hers.6 She stated she never told Defendant she was over 18 years old. C.C. explained that in late 2020 or early 2021, T.Z. picked her up from Defendant’s house after she frantically called her. She stated that she overheard Defendant on the phone say that he was going to take her to Slidell. She said that until then, Defendant never brought her anywhere and that everyone would come to them. C.C. said this raised red flags, so she called T.Z. T.Z. explained that one Friday in 2020, C.C. called her hysterically and said she needed to be picked up. T.Z. asked if she could do so in the morning, but C.C. said, “No, you need to come right now. He’s in the shower. And you need to come right now.” C.C. provided that she had to leave immediately because Defendant planned to bring her to Slidell. T.Z. speculated that she was either being sold or given away. C.C. said she would tell T.Z. everything when she picked her up. T.Z. picked C.C. up. As they drove home, C.C. explained that Carter’s mother never lived there and that her father, Defendant, lived there instead. C.C. testified that, after T.Z. picked her up, she told her everything. T.Z. testified that C.C. told her it started that Mardi Gras when she slept over. She explained that C.C. said that they missed Mardi Gras because “her, Carter and the 6 C.C. identified a video of her and Defendant in his red truck and another of herself and R.M. sitting in Defendant’s backyard at Canterbury Lane. C.C. described another video as depicting her in Defendant’s bed smoking meth. She identified a photograph of herself, Defendant, and another girl in Defendant’s bed and a photograph of herself and Defendant in his bed. 25-KA-544 5 daddy got loaded all day long.” C.C. recounted to T.Z. that they went to the French Quarter instead. T.Z. stated C.C. was worried she could not get in anywhere because she was 15 years old, but Defendant told her not to worry about it. When they returned from the French Quarter, C.C. could barely walk. C.C. told T.Z. that Defendant brought her to his bedroom and that the next thing she remembered was some type of tourniquet being applied to her arm and a shot being administered. T.Z. testified that C.C. said she was in and out of consciousness, but that she knew Defendant raped her several times; and when Defendant was done, he had a neighbor from upstairs and then a third person have sex with her. T.Z. explained that C.C. said Defendant put a gun to her head and threatened to hurt her family if she said anything. C.C. went back “many times” after the first incident. C.C. told T.Z. what happened and instructed her not to say anything until after T.Z.’s son got married on July 11, 2020. T.Z. agreed. T.Z. testified that C.C. ran away that night and was gone for a week. She described that when C.C. came home, she was “really, really intoxicated, loaded, or whatever you want to call it.” Due to C.C.’s belligerent behavior, T.Z. called the police. Jefferson Parish Sheriff’s Office (“JPSO”) Deputy Manuel Estrada responded to a disturbance on July 18, 2020. He explained that a woman called because her daughter, C.C.,7 was violent and was upset. The deputy encountered 16-year-old C.C., whom he described as “agitated.” He explained that C.C. was cursing at her mother and wanted him to leave. Deputy Estrada handcuffed her because she could have harmed herself or others and because the mother said she may have been under the influence of narcotics. He told C.C.’s mother that he would “do an emergency committal” and bring her to the hospital. The deputy acknowledged that he got the impression that C.C. and her mother were discussing 7 Although some witnesses referred to C.C. and T.Z. as mother-daughter, T.Z. was actually C.C.’s step-grandmother. 25-KA-544 6 drug use and that C.C. was in trouble. C.C. remembered a night when the police took her to a mental institution because T.Z. told her she could not leave to see Defendant. She explained that she missed the drugs. T.Z. recalled that the officer suggested C.C. go to the hospital. She rode in the police car to Ochsner Hospital. T.Z. testified that C.C. was ultimately brought to a rehabilitation facility because she “was strung out big time.”8 Deputy Estrada returned the next day because C.C.’s mother wanted to report allegations that C.C. was given narcotics by and had sex with Defendant. He indicated that she had a picture of a license plate, which “came back to the same name of the person that they were saying was involved.”9 The deputy said that C.C. stayed at Defendant’s house in March and April 2020 and that C.C. told her mother what was occurring in June 2020. He explained that reporting was delayed because of a family wedding in July. He also testified that C.C.’s mother hesitated to tell anyone because Defendant threatened the family. T.Z. said C.C. was in the rehabilitation facility for approximately a week. T.Z. testified that six weeks later, C.C. was packing her belongings and said she was going to live with Defendant. She left the house that night without her phone. T.Z. stated C.C. had been sneaking out during those six weeks. The next day, T.Z. called the police, who searched C.C.’s room and ultimately found her at Defendant’s house.10 8 T.Z. was asked, “When [C.C.] was able to view everything that had been happening with Thomas Welty, did she say to you who administered meth to her?” She replied affirmatively and explained that C.C. said Defendant always did it and stuck the needle in between her toes. 9 T.Z. testified that when she first met Defendant, she looked him up on Facebook. She said that from her home camera, she obtained pictures of Defendant’s truck as he dropped C.C. off on several occasions and that the truck matched a picture of a truck on Defendant’s Facebook. She said that she once called C.C. over FaceTime and that Defendant, whom she recognized from his Facebook, picked up the call. 10 C.C. stated the police were called after the wedding because she ran away with Defendant again. The police picked her up from the house where Defendant resided after being “kicked out” from his home on Canterbury Lane. That was the last time she was there. 25-KA-544 7 C.C. said she went to rehab several times.11 She explained that when she got out, she would text Defendant, he would pick her up, and she would relapse. She described a recurring pattern of exchanging sex with Defendant for drugs. C.C. explained that she got sober on March 23, 2021.12 R.M., who was 20 years old at the time of trial, testified that as a child, she lived with various family members and in a foster home. She explained that her parents struggled with drug problems. R.M. indicated that she suffered from depression when she was approximately 12 or 13 years old. Around that age, she moved from Mandeville to Metairie. At the age of 12 or 13 years old, she met Pricilla a/k/a Carter at school. R.M. identified Carter’s father, Defendant, in court. Initially, they spent time at another friend’s house but then they hung out mostly at Carter’s house on Canterbury Lane. R.M. explained that they smoked marijuana, drank alcohol, and did drugs like Xanax and acid. R.M. explained that she stayed at Carter’s house so frequently it felt like she lived there, and she began to interact more with Defendant. They spoke about her childhood, and he comforted her by saying that his house was open to her. However, she agreed that at some point it became uncomfortable. She recalled that Defendant made various comments about her body and voice, such as comparing them to other young females in the house. She indicated there were likely five other girls in the house but more people, both men and women, came in and out. R.M. explained that Defendant also touched her over her clothing and that he would apologize as if it was an accident. 11 While in rehab, C.C. was medicated and diagnosed with various things, including depression, anxiety, and bipolar disorder. T.Z. acknowledged that C.C. had a mental health history and was treated at Acadia Vermillion Hospital, Acadiana Treatment Center, Louisiana United Methodist Children and Family Services, Brentwood Ochsner, and Adolescent Treatment Center. She explained that it was not all drug-related but because she needed help. T.Z. indicated that C.C. had depression and anxiety. She was unsure if the doctors mentioned bipolar disorder to her. T.Z. read from one hospital record, which included that the clinical work focused in part on her pattern of manipulation and dishonesty. 12 Mary Caroline McNeil was previously a trauma informed clinical mental health counselor at Strehle Community School. While there, she provided C.C. talk therapy. She agreed that C.C. disclosed “that she had been sexually abused in September of 2020.” Ms. McNeil reported this to the school resource officer, who worked for the JPSO. 25-KA-544 8 R.M. recalled an incident when Defendant showed her how to use the tanning machine in the house, and he had her undress. While she was in the machine undressed, he tried to open the door. R.M. recalled that Defendant said he was not looking when he tried to give her a towel as she got out. R.M. testified that Defendant introduced her to GHB.13 She explained that he gave it to her, Carter, and “Kiara,” who R.M. said was 13 or 14 years old and younger than her. He told them it would make them feel drunk. R.M. recalled another time when Defendant gave her GHB. She said she went to Defendant’s room to finish a school project because it was quiet. It was only her and Defendant in the room. She testified that as she was doing her work, Defendant pulled out a jug of GHB. He drank it, and she asked for a capsule of it. She drank two water bottle caps of it. R.M. stated that Defendant repeatedly commented that her legs were not shaved. As the GHB took effect, she stated, “If it’s like that big of a problem, then why don’t you just shave it or something?” She said she was not serious and did not get the razor. R.M. indicated that she was unconscious as Defendant shaved her. She regained consciousness in his bed, vomiting on herself. She felt Defendant carry her to the bathroom, where he helped take off her shirt. She did not know if she was wearing pants. She said when she became aware again, she was in the shower next to Defendant. Both of them were unclothed. R.M. testified that she looked down and saw her legs and vaginal area were shaved. She explained Defendant had shaved her whole lower body. She said Defendant told her that he was in the shower because she threw up and needed to wash himself. R.M. recalled that the house had two bathrooms with showers. She stated that Defendant made comments comparing her breasts to his daughter’s. R.M testified that “he also did 13 Gamma-hydroxybutyric acid (“GHB”) is a Schedule I controlled dangerous substance. See La. R.S. 40:964. 25-KA-544 9 this weird thing like with his finger: He took his finger and went to my clitoris area and booped it and literally just said, Boop.” Defendant then got out of the shower and let her finish. R.M. provided that Defendant left clothes for her on the bathroom counter, which she put on before going to bed. She said Defendant came upstairs and went into the room where she was trying to sleep. R.M. testified that he repeatedly asked her if he could perform oral sex on her, which she refused. She stated she began to distance herself and told Carter about it. When asked how Carter responded, R.M. explained that the response was like it was normal in that house. R.M. recalled seeing C.C. at Defendant’s house and that she spent a lot of time with him. She said C.C. spent the night in Defendant’s bed multiple times. R.M. testified that after taking acid once, she saw Defendant and C.C. do methamphetamine. She indicated they offered it to her, and she smoked methamphetamine with them on his bed. R.M. explained that she ultimately confided in Melanie Franklin, who came over to Defendant’s girlfriend, Nicole’s, house. Melanie “wanted to help [R.M.] come forward” and called the police for her. R.M. recalled telling the police what Defendant did and speaking to someone at the Children’s Advocacy Center (“CAC”).14 Melanie testified that she knew Defendant through her friends, Adam and Nicole Correll. She stated she worked for Adam and met Defendant, who was living at the Correll residence, the day they learned of Adam’s death.15 She indicated that she noticed that day that Defendant and Nicole were in a 14 R.M. was shown three photographs. She said that in State’s Exhibit 18, she was likely 12 years old and had not met Defendant yet. R.M. explained that State’s Exhibit 19 was taken while she knew Defendant. She described that she was very underweight. She said State’s Exhibit 20 was taken of her when she was trying to get away and had “come forward.” She identified herself in a final photograph and said it was taken after she was at Defendant’s home. 15 She explained that prior to Adam’s death, he moved “a bunch of drug addicts” into the house, including Defendant. She described that Adam was found dead in a hotel room. 25-KA-544 10 relationship. Melanie recounted a time when Defendant attempted to convince her and Nicole to put GHB in their wine and that he claimed it was good to take, like a daily vitamin. She said he made it sound like he took it regularly. She testified that she never saw Defendant provide drugs to juveniles or other people, but the drugs were on the counter in an eye dropper dispenser like vitamins. However, she testified that she was concerned when “the juvenile” told her that he was giving her that and “meth.” Melanie explained that she met R.M., who was friends with Defendant’s daughter, at that house after Adam passed away. She stated that R.M. disclosed to her that Defendant gave her and her friends GHB and that when she woke up in the shower, Defendant was shaving her legs and vagina. Melanie recounted that R.M. said she tried to get away, Defendant asked her “for oral,” and that she declined. Melanie confronted Defendant in front of Nicole. She said Defendant told her that he was trying to teach his 14-year-old daughter and her friends how to shave their legs. Melanie explained that there were other inappropriate things that Defendant could not justify. He became irate and stormed off. She recalled that there were other conversations about other incidents that she described as inappropriate and shocking. Melanie stated R.M. called the police and because she was a minor, she needed an adult present, so Melanie was that adult. Amanda Hill worked in the personal violence unit of the JPSO on February 19, 2021, when she was called to speak to Melanie and R.M. regarding a sexual battery. JPSO Detective Biana Robinson with the Special Victims section was also dispatched that day and assisted Ms. Hill. Detective Robinson interviewed Melanie. Ms. Hill spoke to R.M., who said Defendant committed sexual crimes against her. She agreed that R.M. recounted that Defendant drugged her, took her to a bathroom, shaved and bathed her, and touched her on her private area. 25-KA-544 11 Detective Robinson explained that R.M. was transported to her mother’s house. The detective explained that R.M.’s mother did not initially answer the door but that when she did, she was very hostile. She was told what was going on and that R.M. would have to attend a forensic interview at the CAC. Ms. Hill set up a CAC interview of R.M. Erika Dupepe stated a forensic interview with R.M. was conducted on February 24, 2021. In that interview, R.M. said that she wanted to write a book about her life because she has had traumatic experiences. She mentioned that she spent time living in a group home and that her father was in jail. She recounted how she came to make her disclosure to Melanie. R.M. said she was best friends with Defendant’s child but that they were no longer friends. She said she hated Defendant, and that she and Carter used Defendant for rides to go to their friends’ houses. She stated that Defendant tried to form bonds of trust with the kids in his house. She recalled that he showed everyone in the house his pornographic video. R.M. said that on multiple occasions, Defendant touched her in places he should not have and commented on things that he should not comment on. She recounted an incident when she was 16 years old, whereby Defendant touched her “boob and just like lifts it up” with his hand. R.M. said Defendant made comments about marrying the girls in the house. R.M. described Defendant’s house as a “trap house for kids.” She stated that she previously did drugs. R.M. said she “took acid” and smoked methamphetamine for the first time. She remembered that she did it because her friend “[C.]” used to smoke it and told her, “if you want to try it, it’s not that bad.” She explained that she did not like smoking methamphetamine. R.M. said that around Mardi Gras, Defendant gave her and Carter “G,” which she explained was liquid ecstasy, when they were at the house on Canterbury Lane. She said he told her and Carter that it was good for them. R.M. remembered that it made her feel drunk, which she did not like. 25-KA-544 12 R.M. said Defendant gave her “G” one night when she was in his room doing schoolwork.16 Defendant shaved her legs and vagina while she was on his bed. She indicated she consented to him shaving her legs but not to shaving her vagina. R.M. remembered him starting to shave her legs but did not remember the shaving beyond that. Although she described her memory as foggy and blurry, she remembered that she passed out and threw up in her sleep. R.M. explained that she was in and out of consciousness but woke up fully in the shower with him. They were naked. R.M. explained that she was not hurt and did not think he inserted anything in her. She said he tapped her vagina with one finger and commented on the symmetry of her breasts. R.M. remembered that she got out of the shower before Defendant and fell asleep in his bed. She said he asked to perform oral sex on her, and she declined the first time; he asked again, and she ignored him. R.M. stated he told her it was okay. She stated that she told Carter about it. R.M. indicated that Defendant bragged to other men in the house that he showered with her. Ms. Hill testified that there were similarities but also inconsistencies between R.M.’s initial statement and her CAC interview, so she tried to contact R.M. again after that interview but was unsuccessful. As such, she closed the case. R.M. also explained that after the CAC interview, she did not have further contact with the police. She explained that at the time, she felt like she needed to distance herself from the case to move forward. Ms. Hill testified that R.M. identified another victim, C.C. She agreed that it appeared R.M. and C.C. knew each other. She spoke to C.C., who relayed that Defendant sexually assaulted her when she was 15 years old. Ms. Hill agreed that C.C. described that she was Defendant’s girlfriend. 16 R.M. could not remember if the two incidents she described involving “G” occurred on the same day. 25-KA-544 13 Ms. Hill spoke to Defendant, who agreed to an interview. However, he did not arrive at the scheduled interview and later declined to speak to her. Ms. Hill explained that she obtained an arrest warrant for Defendant, and he was arrested. Detective Robinson testified that she did not have any further involvement with the case until February 2024, after being contacted by the D.A.’s office. The detective spoke to R.M., who said she wanted to reopen her case. Detective Robinson interviewed R.M. on February 8, 2024. The detective testified that the 2024 disclosure was consistent with her disclosure to Ms. Hill. She presented R.M. with a single photograph of Defendant, and she made an identification. After speaking to R.M., Detective Robinson authored an arrest warrant for Defendant, and he was arrested. Louisiana State Police Lieutenant Nicole Barbe was accepted as an expert in the field of human trafficking. She discussed human trafficking, signs that someone may be a victim of human trafficking, and behavior changes of those victims. Lieutenant Barbe explained that C.C.’s background made her a target for human trafficking. She elaborated that C.C. ran away from home, had issues with her mother undergoing chemotherapy, and had a history of drug and alcohol abuse. Lieutenant Barbe described ways a trafficker may control a victim, such as money, drugs, isolation, threats, and violence. A sex trafficker could also control a victim by entering a sexual relationship with the victim that the victim believes is an actual relationship. Lieutenant Barbe agreed that a trafficker may isolate the victim by having the victim live with the trafficker, helping to create a dependency on the trafficker for emotional and financial support and stability. Lieutenant Barbe acknowledged that if the trafficker administers an addictive narcotic like methamphetamine, the victim can become dependent on the narcotic and may seek it out. She stated that drugs commonly used by sex traffickers to control their victims include GHB, methamphetamine, and ketamine. 25-KA-544 14 Lieutenant Barbe agreed that a trafficker could control a young victim by getting them addicted to narcotics and then withholding the drugs unless the victim has sex with the trafficker or others. She explained that often if the victims believe they are in a relationship with their trafficker, they do not want to make a report; they may also seek out their trafficker immediately after being away from them for a time, such as if the victims entered a rehabilitation facility. Dr. Anne Troy, who works at the Audrey Hepburn Care Center, was accepted as an expert in child abuse and child abuse pediatrics.17 She discussed disclosures of sexual abuse by children. She agreed that delayed disclosures are common for children and that she would not expect to find anything abnormal or physical evidence in the physical exam in such a case. Dr. Troy explained that sexual child abuse is determined by what a victim says and discussed how she assesses what is said and the process of disclosures by children. She addressed that what could appear to be inconsistencies from a disclosure can actually be the person saying different parts of the same overall event based on who they speak to, their environment, and how the person feels. Dr. Troy stated people often do not know the date trauma occurred to them. She explained that a blended memory occurs when there is chronic sexual abuse of a teenager or child and explained when and how things occur becomes blended. She indicated that a victim may trauma bond with and not leave a person who initially provided food, shelter, drugs, money, or love. Dr. Troy was asked if a “victim then told you that they remembered being administered methamphetamines and then being raped, but when they were administered that methamphetamines, they became very -- they called it sobering up. Are they actually sober.” She explained that the victim would not be sober 17 Dr. Troy explained that neither victim in this case went to the care center, and she did not review any reports or records in this case. 25-KA-544 15 because the antidote to alcohol is not methamphetamine. Dr. Troy stated a teenager cannot consent. She explained that such a person given methamphetamine intravenously for the first time may return the next day for more to avoid the feel of the crash from it. Dr. Troy indicated that a victim raped by a perpetrator presumed to be HIV positive does not necessarily contract HIV. She agreed that it was normal for a victim of sexual abuse to initially recall that she remembered the offender beginning to shave her legs and the type of razor used but for the victim to have a different recollection of the incident four years later. Defendant acknowledged that he had prior convictions in 2000 and 2007 in Orleans Parish and Jefferson Parish relating to ketamine and cocaine.18 He acknowledged that he did drugs at the time but said he only takes prescription drugs now. Defendant testified that he picked Carter up on March 30, 2019, and moved her in with him. They moved into a home on Canterbury Lane mid-April 2019. Defendant said R.M. and C.C. were friends of his daughter. He said that as Carter and R.M. grew closer, R.M. was at the house more often. Defendant stated Carter met C.C. about six months after she met R.M. He said he was rarely home but may have seen her at his house two or three times in two months. Defendant testified that when he first met C.C., she told him that she was 17 years old and about to turn 18 years old. Defendant stated he did not go out for Mardi Gras 2019. He indicated that he helped set up Mardi Gras balls. Defendant recalled a night in January 2020 when he came home around 9:00 p.m. and that R.M. was in his bed. He described 18 Donna Quintanilla, latent print section supervisor at the JPSO crime laboratory, explained that she took Defendant’s fingerprints the day before her testimony. She compared those prints to prints related to three prior cases: a conviction in Orleans Parish wherein he pled guilty to possession of ketamine and possession of cocaine; a conviction in Jefferson Parish from May 10, 2000, for possession of ketamine; and a 2007 conviction in Orleans Parish for possession with intent to distribute ketamine. Ms. Quintanilla concluded that prints related to the three prior convictions were from Defendant. State’s Exhibit 13, which was published to the jury, showed Defendant’s date of birth as February 25, 1979. While the waiver of right and guilty plea form and the conditions of probation form in State’s Exhibit 15 show the same date of birth, the minute entry in State’s Exhibit 15 reflects that Defendant reported his date of birth as December 10, 1955. State’s Exhibits 16 and 17 showed Defendant’s date of birth as February 25, 1979. 25-KA-544 16 that she appeared to be “passed out” and not merely sleeping. Defendant said he told her to get up but that when she did not, he got Carter. He explained that they tried to wake R.M. up, and he picked her up by her arm. Defendant said she then vomited on him and the bed. Defendant helped Carter get R.M. into the hall bathroom. He showered in his bathroom. He washed his clothes, R.M.’s clothes, and the bedding. He said he slept on the couch downstairs. He stated the next morning was uneventful and that he went to work. He denied that he was confronted by anyone at that time. Defendant testified that Mardi Gras 2020 was on his birthday. He and Elizabeth, his girlfriend at the time, decided to go to Bourbon Street. He said they went with Carter, R.M., and C.C. around 10:30 p.m. and stayed for an hour. He recalled that toward the end of their time out, they got daiquiris—alcoholic for him and Elizabeth and non-alcoholic for the children. On the way home, C.C. said she did not feel well, so they brought her home before proceeding back to the house on Canterbury Lane. Defend