S. Ct. Crim. No. 2009-0078

In a prosecution for aggravated rape and unlawful sexual contact, no reversible error is found in the trial court's denial of motions to suppress and for judgment of acquittal. School personnel at a parent conference - in which defendant made admissions - were not operating as law enforcement officers or under the direction of law enforcement officers, and defendant was not in custody at the parent conference; thus his Miranda rights and privilege against self-incrimination under the Fifth Amendment were not compromised by use of statements made at the conference. He subsequently voluntarily confessed to law enforcement officials that he had unlawful sexual contact with the victim. Nor was there a violation of defendant's Sixth Amendment right to confront the witnesses against him, because the declarant of certain hearsay statements admitted against him (the victim) was present at the trial, testified in person, and was available to be cross-examined. An alleged error in the statement of the age of the victim in the information did not reflect an absence of sufficient evidence to sustain the conviction for unlawful sexual contact in the first degree. The Superior Court therefore did not err in denying defendant's motion for judgment of acquittal. The convictions and the Superior Court's November 2, 2009 Amended Order of Judgment and Sentence are affirmed.