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On the facts presented, the district court erred when it admitted evidence of other crimes, wrongs, or acts that occurred 35 years before the charged offense.

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Admission of that evidence was also error because the probative value of the evidence was substantially outweighed by its potential for unfair prejudice. Under the unusual facts and circumstances of this case, however, the error was harmless. Heard, considered, and decided by the court en banc. Appellant, Paul Kermit Ness, was charged with second-degree criminal sexual conduct, in violation of Minn.

Ness waived his right to a jury trial detroit lakes sex talk the case was tried dtroit the court. Evidence admitted at trial included sexual misconduct by Ness 35 lkes earlier with a boy of similar age to the victim in the charged offense. Ness, a retired elementary school teacher ses administrator, began teaching in the Detroit Lakes area in He retired from the school district in but continued to work in the Detroit Lakes Community Education Program as an art instructor. On Saturday, November 23,E.

The class was scheduled to run from 9 a. When E. Ness reassured E. The subject for the class that day was a complicated layer nature scene. The room where the class took place was ,akes up with tables in rows of two with four stools at each table.

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Ness directed E. Other times he would just touch my penis. Cummings testified that he has known Ness sinceand took several art classes taught by Ness. Although Cummings was seated directly across from E. Cummings admitted that he was focused on his painting at the time and was therefore paying little attention to anything going on around him.

Cummings testified that he did notice that Ness paid added attention to E. Cummings also testified that he saw Ness put his arm around E. According to Cummings, he initially assumed that E. Valerie Voigt was also a student in the art class that day and was seated at the set of tables and stools directly behind E. Voigt testified that she saw several events that caused her to be concerned that Ness was inappropriately touching Laies. The first incident detroit lakes sex talk when dftroit was time for the lunch break.

The second and third incidents involved Ness patting E. According to Voigt, the fifth incident occurred when Ness sat on a stool next to E. Voigt testified that the sixth incident occurred when Ness sat on a stool next to E. After observing the sixth incident, Voigt laes.

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Every time thereafter, when Ness sat next to E. Ness testified that he probably sat on the stool next to E. Ness recalled a moment during the class when the students were teasing him about his Norwegian heritage. In response to a comment by E. At the end of the class, Ness escorted E. Voigt watched as Ness escorted E. Ness then took some remaining art supplies to his car. While Ness detroit lakes sex talk gone, Voigt asked Anderson to remain with her because she was concerned about Ness inappropriately touching E.

Anderson testified that he witnessed one incident during the class when Ness hugged E.

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Anderson testified that he paid little attention to E. With Anderson present tslk Ness out of the room, Voigt asked E. Before E. She also asked E. Voigt told E. Voigt stayed in the classroom until E. She noticed that E. Because of his demeanor, she thought that he either did not like acrylic painting or did not do well in the class.

She asked E. Once they arrived home, E. Ness asserted that E. tali

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Although Ness conceded that, based on his experience as an educator, it was ssex for him to touch E. The court allowed the state to present the testimony of Jeffrey Caron as evidence of other crimes, wrongs, or acts, often referred to as Spreigl evidence. Caron was 43 years old at the time of trial and lived in Florida.

Ness was the principal at Washington at the same time that Caron attended the school. InCaron pleaded guilty to felony theft, detroit lakes sex talk probation, and had the conviction reduced to a misdemeanor. He also went through two substance abuse programs in and According to Caron, he first became aware of tapk charges pending against Ness when his mother laies him an article about the allegations against Ness that appeared in the Becker County newspaper.

At trial, Caron testified about two instances of inappropriate physical contact that Ness had with him when Caron was in the fifth grade. Caron then left the room.

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Caron also testified that in he and Ness encountered each other at a public library book detroit lakes sex talk in Detroit Lakes. Caron testified that he did not speak to anyone about the incidents that occurred when he was in fifth grade until he was 25 years old and in a substance abuse treatment program. We take this statement to mean that the court would not punish Ness for the Caron incident by finding him guilty of the incident involving E. See Minn. The district court found Ness guilty of criminal sexual conduct in the second degree, Minn.

It found that the testimony of E. Ness appealed his conviction to the court of appeals claiming, among other things, that the district court erred in admitting the other-acts evidence.

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Reviewing the admission of the evidence for abuse of discretion, the court of appeals determined that it was properly admitted. State v. Ness, No.

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June 29, Wermerskirchen, N. Finally, the court of appeals concluded that the probative value of the Caron evidence outweighed its potential for unfair prejudice.

Ness further contends that the Spreigl evidence is not relevant because of the passage of time between when the Caron incidents occurred and when the incident involving E. According to the state, the passage of time between the Caron incidents and the incident involving E. Spreigl, Minn. Washington, N. Billstrom, Minn. At common law we recognized various exceptions to this general exclusionary rule, and many of them have been incorporated into Minn.

All cautions surrounding the use of Spreigl evidence notwithstanding, evidence of other crimes, wrongs, or bad acts may be admitted only for limited, specific purposes. Those purposes include showing motive, intent, knowledge, identity, absence of mistake or accident, or a common scheme or plan.

Kennedy, N. Blom, N. Evidence of other crimes, wrongs, or acts is not admissible to prove the character of a person to show that the person acted in conformity therewith on a particular occasion. Further, such evidence may not be introduced if its probative value is substantially outweighed by its tendency to unfairly prejudice the factfinder. If the admission of evidence of other crimes or misconduct is a close call, it should be excluded. Bolte, N. The court has developed, through the many cases since Spreigl, a five-step process to determine whether to admit other-acts evidence.

Angus v. State, N. Asfeld, N. DeWald, N. Later, when Caron lajes a substance abuse treatment program when he was 25 years old, he made his first disclosure about the incidents between him and Ness. When Caron was asked to testify at trial, he drove over 1, miles to testify and faced detdoit possibility of losing his employment because of his absence. Frisinger, N. Only after such an examination is completed should the court balance the probative value of the evidence against its potential to be unfairly prejudicial.

This entails isolating the consequential detroit lakes sex talk for which the evidence is offered, and then lakrs the relationship of the lkaes evidence to that fact and the relationship of the consequential fact to the disputed issues in the case. In this case, the state argued for admission of the Caron evidence on the grounds that it would show motive, intent, lack of mistake lakess accident, and common scheme or plan.

The contention that the evidence was needed to show motive is the most easily dismissed. But motive concerns external facts that create a desire in someone to do something, whereas intent is a state of mind in which an act is done consciously, with purpose.

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