State of Iowa
v.
Abel Gomez Medina
Abel Gomez Medina seeks further review after the court of appeals affirmed his convictions for one count of sexual abuse in the second degree, four counts of sexual abuse in the third degree, and indecent contact with a child. He argues the district court erred in rejecting his Confrontation Clause challenge by allowing a witness who had a mental illness but turned 18 years of age during the trial to testify via closed-circuit television.
Resister
State of Iowa
Applicant
Abel Gomez Medina
Attorney for the Resister
Sheryl Soich
Attorneys for the Applicant
Benjamin D. Bergmann
Alexander Smith
Supreme Court
Oral Argument Schedule
15-15-5
Feb 21, 2024 9:00 AM
Briefs
Supreme Court Opinion
Opinion Number:
Date Published:
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Polk County, Scott J. Beattie, Judge. AFFIRMED. Considered by Greer, P.J., and Schumacher and Ahlers, JJ. Opinion by Greer, P.J. (18 pages)
Abel Gomez Medina appeals his convictions for second-degree sexual abuse, third-degree sexual abuse, and indecent contact with a child. OPINION HOLDS: The alleged victim was able to testify via closed circuit television under Iowa Code section 915.38(1)(a) (2021) because testifying in open court would impair her ability to communicate and under 915.38(1)(c) because of necessity. The summary of comments contained within Gomez Medina’s own evidence during closing argument did not amount to prosecutorial error, and the proposed 911 call logs were irrelevant and therefore inadmissible. For these reasons, we affirm the convictions.