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27 Land & Water L. Rev. 191 (1992)
Criminal Procedure - Witness Immunity - The Story of a County Attorney Who Said I Think I Can, I Think I Can and the Brave Little Conscience That Couldn't Be Shocked - Gale v. State

handle is hein.journals/lawlr27 and id is 203 raw text is: CRIMINAL PROCEDURE-WITNESS IMMUNITY-The Story of a County Attorney Who Said, I Think I Can, I Think I Can, and the Brave Little Conscience that Couldn't be Shocked. Gale v. State, 792 P.2d 570 (Wyo. 1990). In May of 1987, following a trial in Gillette, Wyoming, the jury found Richard K. Gale, D.D.S. guilty on three counts of taking inde- cent liberties with a minor.' The judge sentenced Dr. Gale to serve two to five years in the Wyoming State Penitentiary on each charge, the sentences to run concurrently.' Dr. Gale began serving his sen- tence on July 4, 1990. At Dr. Gale's trial, family members of the alleged victims pro- vided the testimony that convicted him.' Prior to the case against Dr. Gale, local juvenile authorities launched an investigation against Gene Rounsaville, the father of the children, for suspicion of sexual and physical abuse of his family and at least two other girls.4 Sometime after Gene Rounsaville became aware of the investigation against him, Dr. Gale was accused of molesting the three oldest Rounsaville girls.5 The county attorney had evidence that Gene Rounsaville had repeat- edly abused and molested his wife and children for a period of several years.' The county attorney also had information that Linda Roun- 1. Gale v. State, 792 P.2d 570, 572 (Wyo. 1990). 2. Id. at 574. 3. Id. 4. Id. at 591 (Urbigkit, J., dissenting). Most of the detailed facts about this case cannot be found in the majority's opinion. Facts will be cited to the majority opinion when appropriate; however, the dissenting opinion and Appellant's Brief will of neces- sity be cited extensively. The names of the parents were disclosed in the dissenting opinion; their names will be used in this casenote as well. The names of the children will not be used in this casenote. Instead, the children will be identified by their age at the time of the trial, as they were in the dissenting opinion. The oldest daughter, D-17, was actually Linda Rounsaville's daughter by a previous marriage. The other children were issue of Gene and Linda's marriage and will be identified as follows: one son, age eleven (S-11); four daughters, ages ten (D-10), seven (D-7), and twins age three (D1-3 and D2-3). Id. 5. Id. at 592 (Urbigkit, J., dissenting). The first accusation against Dr. Gale came from D-1O during an interview with a social worker from the Department of Public Assistance and Social Services (D-PASS). Brief for Appellant at 4, Gale v. State, 792 P.2d 570 (Wyo. 1990) (No. 87-192) [hereinafter Appellant's Brief, Gale (No. 87-192)). This interview was conducted seventeen days after the Rounsaville family became aware that Gene Rounsaville was under investigation for allegations of sexually abus- ing his daughters. Id. at 7. 6. Gale, 792 P.2d at 591 (Urbigkit, J., dissenting). D-PASS records indicated that D-PASS first became aware of Gene Rounsaville's misconduct in July of 1979. These records contained the following allegations against Gene Rounsaville: 1) possible mo- lestation of two other girls during a slumber party at the Rounsaville home; 2) beating his wife and D-17 with a coat hanger, belt and strap; 3) locking the family out of the house; 4) pointing a gun at his wife and D-17, shooting a gun in the house, pointing the gun at his wife's head; 5) molesting D-17 beginning when she was eight years old, the molestations occurring at night in D-17's bedroom, sometimes as many as four times in one night; 6) molesting D-7; 7) attempting to molest a friend of D-7's; 8) taking nude photographs of D-17; and 9) attempting to induce D-17 to have sex with a dog. Appel- lant's Brief at 3, Gale (No. 87-192).

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