final until disposition of timely filed motion for rehearing.
from the Circuit Court for the Fifteenth Judicial Circuit,
Palm Beach County; Meenu Sasser, Judge; L.T. Case No.
P. Ryan, Regional Counsel, and Richard G. Bartmon, Assistant
Regional Counsel, Office of Criminal Conflict and Civil
Regional Counsel, Fourth District, West Palm Beach, for
Jo Bondi, Attorney General, Tallahassee, and Allen R. Geesey,
Assistant Attorney General, West Palm Beach, for appellee.
was convicted of sexual activity with a child and battery of
a child. We write primarily to explain why the rule of
completeness did not compel admission of his exculpatory
post-arrest station house statement after the state
introduced a tape of a controlled phone call between the
victim and appellant.
was romantically involved with the victim's mother. He
moved in with the mother and her family when the victim was
10 or 11. When she was 17, the victim disclosed to a school
counselor that, for five years, she had been sexually abused
enforcement was contacted and a detective arranged to record
a controlled call between the victim and appellant. The
recording was played for the jury during the detective's
testimony. Pertinent parts of the call are set forth below.
Victim: I just can't get over what has
happened between me and you. And I don't know how to get
Appellant: Well, me and you - what are you
talking about, like last night or the night before?
Victim: No, like having sex.
Appellant: Well, why don't we talk about
this tonight, you can't just make it through today?
Victim: . . . I can't stop thinking
about it and I can't calm down. And I don't have my
Appellant: Well, you left this morning fine.
What - what are you - what is going on that you can't - I
Victim: Because this one girl was talking
about her [redacted]. And then it just triggered me. And I
can't stop thinking about it. Like I don't - I
don't know, I can't stop thinking about it. I
can't get over it. I just - I just want to ...