State of Tennessee v. Ammon B. Anderson

The defendant was indicted for aggravated sexual battery for engaging in sexual contact with a ten-year-old girl with Down's Syndrome. He filed a motion to dismiss the indictment, based on the loss of the tape recording of his interview with a Department of Children's Services caseworker and a police officer, and a motion to suppress his one paragraph statement of admission, consisting of the officer's summary of the interview. Following the trial court's denial of the motions, the defendant entered a plea of nolo contendere to attempt to commit aggravated sexual battery, reserving as a certified question of law, pursuant to Rule 37(b)(2)(i) of the Tennessee Rules of Criminal Procedure, whether the trial court erred in denying his motion to dismiss based on the loss of the tape recording of the interview. Arguing that the statement of admission is subject to misinterpretation when taken out of the context of the entire interview, the defendant contends that his right to a fair trial was compromised by the loss or destruction of the tape recording. After a thorough review of the record and of applicable law, we conclude that the loss of the tape recording did not unfairly prejudice the defendant's case. Accordingly, we affirm the defendant's conviction of attempt to commit aggravated sexual battery.