from the District Court of Johnson County. The Honorable
William J. Edelman, Judge.
Appellant: Office of the State Public Defender: Diane M.
Lozano, State Public Defender; Tina N. Olson, Chief Appellate
Appellee: Peter K. Michael, Attorney General; David L.
Delicath, Deputy Attorney General; Christyne M. Martens,
Senior Assistant Attorney General; Caitlin F. Young,
Assistant Attorney General.
BURKE, C.J., and HILL, DAVIS, FOX, and KAUTZ, JJ.
[¶1] Appellant, Michael Allan Lindstrom,
challenges the district court's denial of his motion for
a new trial. We affirm.
[¶2] Appellant presents the following issue:
Did the district court abuse its discretion in denying
Appellant's motion for a new trial?
[¶3] In 2013, Appellant was convicted of ten
felonies for acts perpetrated against his ex-girlfriend, TR,
their son, PR, and Appellant's six-year-old second
cousin, CS. Lindstrom v. State, 2015 WY 28, ¶
¶ 3-13, 343 P.3d 792, 794-96 (Wyo. 2015). With respect
to the acts committed against TR and PR, TR testified at
trial to the following events:
TR testified that Mr. Lindstrom came to her home in June
2012. They sat on the couch making small talk and watching PR
play. Mr. Lindstrom asked TR if they could be in a
relationship again, TR said no and he asked if he could at
least " get a piece of ass." She again said no and
Mr. Lindstrom called her a bitch. TR took PR to his room and
Mr. Lindstrom followed. PR began to show Mr. Lindstrom his
room and his toys. After watching them for a few minutes, TR
left them alone.
TR came back to the room about thirty minutes later when she
heard PR say, " I don't want to do that." The
door was shut, she opened it and she saw Mr. Lindstrom and PR
in PR's bed. TR testified that it looked like Mr.
Lindstrom was pulling up his pants and PR's pants. She
asked them what they were doing and Mr. Lindstrom said they
were watching a movie. PR ran to her and grabbed hold of her
waist. He was trembling. She picked him up and he whispered
in her ear that Mr. Lindstrom had made him touch his penis
and pretend it was a Popsicle. She asked Mr. Lindstrom what
he had done and he denied doing anything. They argued and she
told Mr. Lindstrom that he needed to leave.
TR threatened to call the police and, carrying PR, headed to
her bedroom to get her cell phone. She made it to the
bathroom, put PR down and told him to go in the bathroom and
lock the door. Mr. Lindstrom followed her, grabbed her around
the throat and said if she told anyone he would kill her. He
shoved her against the wall and told PR to open the bathroom
door. PR complied and Mr. Lindstrom told TR to go into the
bathroom. Mr. Lindstrom made TR perform fellatio on him and
then told her to touch PR's penis. She refused and he
slapped her. She hit him in the face and he began pulling
down her pants and underwear. He grabbed PR's hand and
told him to touch her. She pushed PR's hand away. Mr.
Lindstrom forced her head down onto his penis. Then he held a
Swiss army knife to her throat and told her to do the same
thing to PR or he would kill her. After she complied, Mr.
Lindstrom made TR and PR get into the shower and he urinated
on TR. Mr. Lindstrom then got dressed and stepped out of the
bathroom. TR locked the door. Mr. Lindstrom
pounded on the door, cussing and yelling that he was going to
kill TR. Finally, Mr. ...