Oh wow! There are some things in this legal profession that just beg to be made public. I have to thank my good friend Marc Randazza for bringing this case to my attention.

The case is the State of Florida v. James Tyrell where Tyrrell is appealing his conviction of misdemeanor battery. riginally he was charged with three counts of sexual battery on a person twelve years of age or older, all second degree felonies. The facts presented by the government are fairly typical of a sexual assault case. But the crux of this case, and the issue that makes it unique is that Tyrell raised two defenses at trial. The first was that he had a very small penis, thus it likely didn’t cause the injuries complained of by the victim. And, second that the victim had caused her injuries herself with “aggressive use of a dildo.” Apparently at trial, Tyrell tried to get the victim to produce her dildo and consent to a dildo lineup. At trial, on July 23 and August 2, 2004, “the trial court ordered the victim to produce the sex toy and/or dildo discussed in her depositions within 15 days.” However, she never produced it.

On appeal, Tyrell argues that his

“right to due process and right to confront witnesses” was violated because the state did not produce the items that were the subject of the July 23 and August 2 orders. However, it was the victim, not the state, who was ordered to produce. The defense never moved to hold the victim in contempt for failing to turn over the dildo and medical records; there was no showing that the state possessed the items and withheld them from the defense. At trial, the victim described the dildo and explained in detail how she used it. Even if there was error in the court’s ruling about the dildo, the error was harmless. The jury did not need to see the actual dildo to understand the testimony or the nature of the defense.

Wow! I need to give credit to the victim who put her personal life out in the open. It can’t be easy talking about the subjects she was exposed to.

All in all, the orders of the trial court were affirmed and Tyrell’s conviction was upheld. You can read the Appeal here:Florida v. Tyrell