from the Iowa District Court for Pottawattamie County,
Gregory W. Steensland, Judge.
defendant appeals his convictions on four counts of sexual
abuse in the second degree. AFFIRMED.
C. Smith, State Appellate Defender, and Stephan J. Japuntich,
Assistant Appellate Defender, for appellant.
J. Miller, Attorney General, and Zachary C. Miller, Assistant
Attorney General, for appellee.
Considered by Tabor, P.J., McDonald, J., and Goodhue, S.J.
GOODHUE, Senior Judge.
Wineinger was convicted by a jury of four counts of sexual
abuse in the second degree. A motion in arrest of judgment
and for a new trial was denied. Wineinger was sentenced to
four concurrent terms of twenty-five years. Wineinger
appeals. We affirm.
December of 2011, Wineinger moved into an apartment with
Fred, Fred's three children, and Stephanie, who the
children considered their mother. The living accommodations
included only two small bedrooms. The children shared one
bedroom. At the time of trial, the oldest child, a male,
J.L., was fourteen years of age; L.L., the alleged victim,
was a female age ten; and there was a younger child, age
nine. The children eventually came to share their bedroom
with Wineinger. The children referred to Wineinger as Uncle
Mike, and they appeared to have a good relationship with him.
became concerned with Wineinger's drinking problem, and
confronted Wineinger, requesting he permanently move from the
apartment. Wineinger complied. The children overheard the
after, in April of 2014, J.L. reported to school authorities
that Wineinger had inappropriately touched L.L. J.L. has been
diagnosed with autism and mental-health issues that require
medication, and he was not always considered truthful. On
April 14, 2014, immediately after being notified about
J.L.'s statement, Fred and Stephanie took L.L. to Project
Harmony, where L.L. was interviewed by Mindee Rolles, a
social worker. Project Harmony is an organization that helps
children by providing various services. L.L. told Rolles
nothing had happened between her and Wineinger. That evening,
Stephanie confronted J.L. about lying concerning the
inappropriate contact with L.L., but J.L. insisted he had
been truthful. When Stephanie confronted L.L., she admitted
lying, and on the following day, Stephanie took L.L. back to
Project Harmony, where she was again interviewed by Rolles.
Videos were made of both interviews.
second interview, L.L. stated that Wineinger awakened her one
night by touching her private parts and he otherwise sexually
abused her. L.L. testified the abuse started when she was in
the second grade. She further testified that Wineinger made
her perform oral sex and he put his penis in her vagina and
her anus. She testified the abuse took place over and over.
L.L. had frequently asked Wineinger to stop, but he would
continue and say "no." She testified she had
hesitated to tell anyone because Wineinger had told her that
if she told anyone about the sexual abuse, "her mom
would go away." At trial, Wineinger contended L.L.
concocted the story to punish him after his confrontation
with Stephanie and to protect J.L. from being punished for
Cleaver, a pediatric nurse, examined L.L.'s genitalia for
any abnormalities that might have resulted from sexual abuse.
She discovered a suspicious notch at the three o'clock
position of the hymen. L.L. was tested for a variety of
conditions and diseases associated with sexual contact, but
none were found. Cleaver testified the results did not prove
or disprove that L.L. had been sexually abused.
to trial, Wineinger filed a motion in limine to keep the
second video interview out of evidence. Counsel agreed,
however, that under State v. Rojas, 524 N.W.2d 659,
663 (Iowa 1994), if the second interview came in then the
first interview should also come in. The State agreed both
videos could come in but opposed the first coming in without
the second. The district court found the parties to be
"on the same page." With the court ...