MIGUEL ALBERTO MARTINEZ, a/k/a MICHELLE MARTINEZ, Appellant (Defendant),
THE STATE OF WYOMING, Appellee (Plaintiff).
from the District Court of Natrona County The Honorable
Catherine E. Wilking, Judge
Representing Appellant: Office of the State Public Defender:
Diane M. Lozano, State Public Defender; Kirk A. Morgan, Chief
Appellate Counsel; James M. Causey, Senior Assistant
Appellate Counsel. Argument by Mr. Causey.
Representing Appellee: Peter K. Michael, Attorney General,
Christyne M. Martens, Deputy Attorney General; Caitlin F.
Harper, Senior Assistant Attorney General; Katherine A.
Adams, Assistant Attorney General. Argument by Ms. Adams.
DAVIS, C.J., and BURKE[*], FOX, KAUTZ, and BOOMGAARDEN, JJ.
A jury found Appellant, Miguel Alberto "Michelle"
Martinez (Ms. Martinez),  guilty of sexual abuse of a minor in
the first and second degree. Ms. Martinez seeks reversal of
both convictions claiming there is insufficient evidence to
sustain them. In addition, Ms. Martinez claims prejudice
because the district court precluded her from presenting
character evidence pertaining to the victim. We affirm.
Ms. Martinez presents two issues, which we rephrase as
I. Did the district court err when it denied Ms.
Martinez's motion for judgment of acquittal on both
II. Did the district court err when it denied the admission
of character evidence of the alleged victim?
On March 23, 2017, CM's mother, Amber Freudenstein,
invited several friends over to her Casper home, including
Ms. Martinez, Jamie Brown, and Andrea Pead. While Ms.
Freudenstein's ten-year-old daughter, CM, was at school,
the group visited, listened to music, and everyone except Ms.
Pead drank alcohol. During this time, Ms. Martinez consumed
between one and three pints of rum, and was noticeably
"buzzed" and "being goofy."
Around 6:30 p.m., Ms. Martinez went to the only bathroom in
the residence, which was located upstairs. Ms. Freudenstein
testified Ms. Martinez was upstairs for about 20 minutes. By
this time, CM had returned home from school and her mother
observed her sitting on the couch in the living room when Ms.
Martinez went to use the bathroom. CM testified she went
upstairs to get a book from her bedroom and use the bathroom,
which was across the hall from her bedroom. CM explained she
shut the bathroom door but did not lock it. Ms. Martinez
entered the bathroom, without knocking, as CM stood to pull
up her pants. Ms. Martinez went over to CM and rubbed
CM's right breast with Ms. Martinez's hand and put
Ms. Martinez's "dingdong" in CM's
"private part" in "the front part" of
CM's body. CM kicked Ms. Martinez twice and tried to
scream, but Ms. Martinez put a hand over CM's mouth and
told her to keep it a secret. Just before Ms. Martinez
stopped the assault, CM heard someone stomping up the stairs,
whom she thought was her little brother, though she could not
see him. After Ms. Martinez left the bathroom, CM pulled up
her pants and went downstairs.
Around 7:00 p.m., Cetera Moore arrived to pick up Ms.
Martinez. Ms. Moore's eight-year-old son came into the
apartment and attempted to use the bathroom, but it was
locked; he went back downstairs. Shortly thereafter, Ms.
Martinez came downstairs and left with Ms. Moore and her son
to go to Walmart. Ms. Brown and Ms. Pead testified that
before Ms. Martinez left, she told CM something along the
lines of she "better leave those boys alone or they
could penetrate you" or "don't let the boys
penetrate you" while Ms. Martinez made a gesture using a
thumb and forefinger to make a circle and using another
finger to go through the circle, which both witnesses found
Once Ms. Martinez was gone, CM told her mother about the
incident. CM told her mother Ms. Martinez went into CM's
bedroom, cuffed her hand over her mouth, dragged her into the
bathroom, grabbed her chest, right breast area, and stuck Ms.
Martinez's penis in her. Ms. Freudenstein testified CM
was crying, upset, and hysterical. Ms. Freudenstein also
described CM as "scared [be]cause she didn't want
Michelle to find out."
Around 7:34 p.m., Ms. Freudenstein called Ms. Moore and asked
her to bring Ms. Martinez back so she could speak with her.
Ms. Moore and Ms. Martinez returned to the apartment as
requested and a heated confrontation ensued. Ms. Martinez
eventually left with Ms. Moore and Ms. Freudenstein called
Law enforcement responded around 9:15 p.m. Officer Paschke
obtained a brief statement from CM, who was still visibly
upset. CM told the officer that "her parents'
friend, Michelle, but she's a boy, requested that she go
into the bathroom and then, at that point, had touched
her" and CM pointed to her chest. She also said Ms.
Martinez "put it inside" as she pointed down. When
the officer asked CM whether "it" referred to Ms.
Martinez's penis, CM "nodded yes," "began
crying," and stated that "it hurt inside." At
that point, Officer Paschke stopped his questioning,
requested Ms. Freudenstein take CM to the hospital for a
sexual assault examination, and followed them to the
A nurse began the examination shortly after 10:30 p.m. At
trial, the nurse testified CM informed her that after
dinnertime, "someone did something to her private
spot" and pointed to her breast and female genitalia. CM
stated she kicked Ms. Martinez. CM also complained of pain in
her genital area. When asked why she had pain there, CM said
she had a "dingdong" stuck into her. The nurse
noted CM urinated before the exam, because urination can wash
away evidence, but that CM had not bathed, washed or
defecated. CM did not know whether Ms. Martinez ejaculated,
and CM did not report any anal penetration.
[¶10] The nurse further testified that she examined CM,
took photographs, gathered DNA evidence, and took CM's
clothes for further testing. During the sexual assault
examination, the nurse noted redness on the entire perimeter
of the labia majora and redness and an abrasion, caused by
friction, at the junction of the hymen and the labia minora
on both sides. Pictures of the injuries were displayed for
the jury. The nurse also noted brown, "fecal-appearing
material" from CM's perineum to "way up the
back of her butt," but she did not take any samples of
the material. Although the nurse would not speculate on time,
she believed the redness and abrasions were relatively recent