from the Iowa District Court for Black Hawk County, Andrea J.
appeals his conviction for sexual abuse in the third degree.
C. Smith, State Appellate Defender, and Robert P. Ranschau,
Assistant Appellate Defender, for appellant.
J. Miller, Attorney General, and Zachary C. Miller, Assistant
Attorney General, for appellee.
Considered by Doyle, P.J., Tabor, J., and Goodhue, S.J.
GOODHUE, Senior Judge.
Chyrome Jackson was convicted by a jury of sexual abuse in
the third degree on December 16, 2016. Jackson moved for a
new trial, but his motion was denied. Jackson appeals. We
complaining witness, E.U., got off work on February 9, 2015,
at 2:00 a.m. She met with Jackson at her home later that
morning for the purpose of transacting a food-stamp sale.
Jackson's girlfriend, Ashley Shea, was also involved in
the transaction. Shay was apparently outside of E.U.'s
home or in the vicinity in her car when the transaction was
to take place. E.U. and Jackson were seated on the couch in
E.U.'s home and negotiating the sale when Jackson touched
E.U.'s upper leg. Jackson then grabbed E.U.'s
sweatpants and started removing them, and a struggle ensued.
Jackson pushed her down on the couch or loveseat. E.U.
resisted and repeatedly said, "No." E.U. testified
that Jackson licked her behind her ear and inserted his penis
partway in her vagina. He did not ejaculate at that point,
but in trying to insert his penis he "hit her bottom
portion a lot of times." She was able to get away from
him, run into the bathroom, and lock the door. E.U. washed
her groin with a washcloth and deposited it in her hamper.
father of E.U.'s two children is Dontavieous, the brother
of Antavieon. E.U. and Dontavieous had broken off their
relationship prior to this incident, but Jackson and E.U.
knew each other well because she paid Jackson to do odd jobs
for her when Dontavieous was not available.
the incident, E.U. called a friend, who contacted
Dontavieous. He and E.U. met and went to Jackson's
mother's residence, where they assumed Jackson would be.
They were met in the yard by Jackson. Dontavieous made an
accusation, asserting in essence that Jackson had stolen
sexual relations. Jackson responded by saying,
"She's lying, bro, " and took off running.
Dontavieous took after Jackson, and eventually, he and E.U.
resorted to pursuing Jackson in their car. Jackson called the
police to report that he was being pursued by an unknown
assailant. Police intercepted Dontavieous and E.U., and E.U.
reported the assault. The police directed her to a hospital.
sexual assault nurse examined E.U., found she had suffered
recent abrasions on her back and hands, and observed that she
was upset. E.U. told the nurse what had happened, and a swab
of her ear was taken. Two washcloths were later taken from
E.U.'s bathroom hamper. E.U. could not remember which one
of the washcloths she had used to clean herself. One of the
washcloths examined contained sperm that matched the DNA
profile of Jackson. Tests reflected the ear swab also
contained DNA belonging to Jackson.
testified, in essence, that he had no sexual contact with
E.U. on the day of the alleged incidence. He does not deny he
was at E.U.'s residence but asserts he had intercourse
with his girlfriend twice previous to going to E.U.'s
home and that he had cleaned off his penis by using the
washcloth in E.U.'s bathroom. On cross-examination,
Jackson denied he ever knew a Miranda Jackson (Miranda), but
on rebuttal, Miranda testified that she had a relationship
with Jackson after his arrest for sexually abusing E. U.She
also testified that Jackson, presumably knowing or fearing
his DNA would be found in E.U.'s bathroom, told her he
had blown his nose on a napkin or facial tissue he had left
in E.U.'s bathroom. He told her nothing about a washcloth
or washing his penis in the bathroom. At the close of all the
evidence, Jackson made a motion for a new trial, but it was
denied. It is the denial of that motion that is the basis for