was a former Mormon bishop in Athens, Texas; accused of sexual abuse; convicted; died in 2009

Case Summary

Stanley Green was a former Mormon bishop in Texas. He was convicted of child sexual abuse and died in 2009.

03/26/08 Texas

LDS Stanley Benjamin Green, “an official with the Church of Jesus Christ of Latter Day
Saints in Athens, Texas, was charged by indictment with one count of aggravated sexual
assault of a child and two counts of indecency with a child. The victim was a child whose
parents were attendees” of the LDS church. The child was seven years old and was abused
by Green until he was ten years old. He was sentenced to 70 years in prison.”

GREEN-Stanley Benjamin Green v The State of Texas.pdf

Court of Appeals of Texas, Tyler. Stanley Benjamin GREEN, Jr., Appellant v. The

STATE of Texas, Appellee. Nos. 12-06-00402-CR, 12-06-00403-CR, 12-06-00404-CR.
March 26, 2008. Cite as: 2008 WL 787282 (Tex.App.-Tyler Discretionary Review Refused Nov. 5, 2008.

Sources
  1. Stanley Benjamin Green Jr.
    view source details | 26 Dec 2023 | Legacy.com
  2. Stanley Benjamin Green, Jr. v. The State of Texas--Appeal from 3rd District Court of Henderson County
    view source details | 2 Jan 2024 | Justia
Sources excerpts
  • Stanley Benjamin Green Jr.
    Source type: Website
    Publisher: Legacy.com
    Date published/accessed: 26 Dec 2023
    archive 1 | archive 2

    Stanley Green Obituary

    GREEN, JR., STANLEY BENJAMIN Born December 16, 1929 in Dallas, TX and passed away August 25, 2009 in Rosharon, TX. Visitation will be 9:30 - 11:00 AM, Tuesday, September 1, 2009 at Restland Funeral Home with graveside service following at 11:30 AM in Restland Memorial Park. Memorial service will be 10:00 AM, Saturday, August 29, 2009 at the Church of Jesus Christ of Latter-Day Saints, 814 Belmont, Athens, TX.

  • back to online sources list
    Stanley Benjamin Green, Jr. v. The State of Texas--Appeal from 3rd District Court of Henderson County
    Source type: Court record
    Publisher: Justia
    Date published/accessed: 2 Jan 2024
    archive 1 | archive 2

    NOS. 12-06-00402-CR

    12-06-00403-CR

    12-06-00404-CR

    IN THE COURT OF APPEALS

    TWELFTH COURT OF APPEALS DISTRICT

    TYLER, TEXAS

    STANLEY BENJAMIN GREEN, JR., APPEAL FROM THE THIRD

    APPELLANT

    V. JUDICIAL DISTRICT COURT OF

    THE STATE OF TEXAS,

    APPELLEE HENDERSON COUNTY, TEXAS

    MEMORANDUM OPINION

    Stanley Benjamin Green, Jr. appeals his conviction for one count of aggravated sexual assault of a child and two counts of indecency with a child. In his sole issue, Appellant argues that the trial court reversibly erred by allowing the State to introduce evidence of extraneous offenses at trial. We affirm.

    Background

    Appellant, an official with the Church of Jesus Christ of Latter Day Saints in Athens, Texas, was charged by indictment with one count of aggravated sexual assault of a child and two counts of indecency with a child. The victim was a child whose parents were attendees of Appellant s local church. It was alleged that Appellant began molesting the child at the age of seven years old and continued to do so until the child reached the age of ten years old. The charges related to three of many instances of alleged sexual misconduct against the child by Appellant.

    Appellant pleaded not guilty and was tried before a jury. The jury found Appellant guilty on all three counts. The jury assessed punishment at fifty years of imprisonment for the first count and twenty years of imprisonment for each of the other two counts. This appeal followed.

    Admission of Extraneous Offense Testimony

    In one issue, Appellant contends that the trial court reversibly erred by allowing the State to introduce evidence of extraneous offenses at trial. The specific evidence complained of is the testimony of two adult stepgrandchildren of Appellant. Both witnesses testified that Appellant, their stepgrandfather, had committed illicit sexual acts against them when they were children. Appellant argues that this evidence was admitted in violation of Rule 404 of the Texas Rules of Evidence because the only possible purpose for the admission of the testimony was to show character conformity. The State argues that this evidence was properly admitted to rebut the false impression created by Appellant, an elderly man and a church official, that he was a man of virtuous conduct who would not violate his marital vows and was sickened by the idea that he would ever commit illicit sexual acts with a child. Under Rule 404, extraneous offenses are generally not admissible at the guilt-innocence phase of a trial to prove that a defendant committed the charged offense in conformity with a bad character. Tex. R. Evid. 404(b).

    Standard of Review

    A trial court s ruling on the admissibility of evidence is reviewed under an abuse of discretion standard. Green v. State, 934 S.W.2d 92, 101-02 (Tex. Crim. App. 1996). Absent an abuse of discretion, we do not reverse a trial court s decision to admit evidence. Osbourn v. State, 92 S.W.3d 531, 537 (Tex. Crim. App. 2002). A trial court does not abuse its discretion when its decision is within the zone of reasonable disagreement. See Montgomery v. State, 810 S.W.2d 372, 391 (Tex. Crim. App. 1991) (op. on reh g). Further, the trial court s decision will be upheld on appeal if it is correct on any theory of law applicable to the case. Romero v. State, 800 S.W.2d 539, 543 (Tex. Crim. App. 1990). This principle holds true even where the trial court has given an erroneous legal reason for its decision. Id.

    Discussion

    At trial, during his case in chief, Appellant introduced into evidence an audiotape recording of a police interview of Appellant on October 28, 2003. During that interview, the following dialogue occurred:

    Appellant: I don t know of any sexual assault.

    . . . .

    Detective: Okay, all right.

    Appellant: There s one thing I want to make sure.

    Detective: [Okay.]

    Appellant: There s a little girl sitting out there [that] I met forty years ago and she is graciously married to me. And for forty years I have been with her every single day of my life. We go to bed together at night, we get up in the morning. We ve gone to work for years and years and come home and, since we retired in 1990, we have been together every single moment of the day and night all those years. She s with me at everything I do and I would never violate [my] marriage agreement with her, ever. And whoever is making these absurd charges I want to know who they are and I want to know who they are right now.

    . . . .

    Appellant: Now, I can t think of a single person that I might of possibly, a child you say?

    Detective: Yes.

    Appellant: No way, Jose. No way.

    . . . .

    Detective: [Discusses specific alleged sexual acts and asks if Appellant committed the acts.]

    Appellant: Oh my gosh, honestly, that s sickening!

    (emphasis added). This audiotape recording allowed Appellant to place before the jury character evidence that he, a person already understood by the jury to be an elderly man and a church official, was a man of virtuous conduct who would not have violated his marital vows and was sickened by the idea that he would ever commit illicit sexual acts with a child. Following the admission of this audiotape recording, the State, over Appellant s objection, was allowed by the trial court to introduce the testimony of Appellant s stepgrandchildren as rebuttal evidence.

    Rule 404 of the Texas Rules of Evidence states that [e]vidence of a person s character . . . is . . . admissible . . . for the purpose of proving action in conformity therewith . . . [where admitted] to rebut [similar evidence presented by the accused.] Tex. R. Evid. 404(a)(1)(A); see Waddell v. State, 873 S.W.2d 130, 137-38 (Tex. App. Beaumont 1994, pet. ref d) ( Rule 404(a)(1) stands as an independent and separate ground of admissibility under this record - the prosecution was rebutting the evidence of the defendant as to his sterling character and as to his traits of character that would absolutely prohibit his committing the indicted offense. ); see also Delk v. State, 855 S.W.2d 700, 704 (Tex. Crim. App. 1993) ( Where the witness creates a false impression of law abiding behavior, he opens the door on his otherwise irrelevant past criminal history and opposing counsel may expose the falsehood. ). Because the challenged testimony was offered to rebut character evidence presented by Appellant, the trial court s decision to admit the testimony did not violate Rule 404. See id. Therefore, the trial court s decision was not an abuse of discretion under Rule 404. See Montgomery, 810 S.W.2d at 391. We overrule Appellant s sole issue.

    Disposition

    We affirm the judgment of the trial court.

    BRIAN HOYLE

    Justice

    Opinion delivered March 26, 2008.

    Panel consisted of Worthen, C.J., Griffith, J., and Hoyle, J.

Mormon Sexual Abuse Map

International map of locations where active members of the Church of Jesus Christ of Latter-day Saints perpetrated or allegedly perpetrated sexual abuse or other sex crimes, or where LDS leaders failed or allegedly failed to help abuse survivors.