IN THE SUPREME COURT OF THE STATE OF KANSAS
No. 86,098
STATE OF KANSAS,
Appellee,
v.
STEVEN K. BLOOM,
Appellant.
SYLLABUS BY THE COURT
1. A two-part test is used in evaluating a prosecutor's alleged violation of a motion in limine. First, it must be determined whether a violation occurred. Second, it must be determined whether the facts elicited during the violation substantially prejudiced the defendant. The defendant bears the burden of showing he or she was substantially prejudiced.
2. An order in limine is to insure that evidence inadmissible at trial is not offered, because the mere offer of or statements about such evidence would tend to prejudice the jury.
3. In order for prosecutorial misconduct to constitute reversible error, the error must be of such magnitude as to deny a defendant his or her constitutional right to a fair trial or due process.
4. Three factors should be considered in determining whether to grant a new trial because of a prosecutor's violation of an order in limine. First, was the prosecutor's misconduct so gross and flagrant as to prejudice the jury against the defendant? Second, does the admission of the statement indicate ill will by the prosecutor? Third, is the evidence against the defendant so overwhelming that there was little or no likelihood the prosecutor's violation of the order in limine changed the result of the trial?
5. A defendant bears the burden of furnishing a record that affirmatively shows prejudicial error occurred. Absent such a record, an appellate court presumes the action of the trial court was proper.
6. Whenever a courtroom arrangement is challenged as being inherently prejudicial to a criminal defendant, the question is not whether jurors actually articulate a consciousness of some prejudicial effect, but rather whether there exists an unacceptable risk of impermissible factors influencing the jury.
7. District courts are authorized to make rules that are necessary for the administration of affairs of the district court, as long as they do not conflict with the Supreme Court's rules and regulations. This does not necessarily mean, however, that the failure to follow these rules would result in a violation of a defendant's due process rights. In order to establish a procedural due process violation, a claimant must establish that he or she was denied a specific procedural protection to which he or she was entitled. In reviewing the claim, the court must determine whether there is a protected liberty or property interest involved and must then determine the nature and extent of the process due. A local court rule requiring a written waiver of a defendant's right to speedy trial does not create a liberty or property interest.
8. Three factors which may demonstrate the defendant has been prejudiced by a delay of trial are oppressive pretrial incarceration; anxiety and concern of the accused; and, most important, impairment of the defense.
Appeal from Shawnee district court; CHARLES E. ANDREWS, JR., judge. Opinion filed April 19, 2002 Affirmed.
Stephen B. Chapman, of Kansas City, argued the cause and was on the brief for appellant.
Robert D. Hecht, district attorney, argued the cause, and Deborah L. Hughes, assistant district attorney, and Carla J. Stovall, attorney general, were with him on the brief for appellee.
The opinion of the court was delivered by
LOCKETT, J.: Steven Bloom appeals his conviction of second-degree intentional murder and sentence of life in prison, claiming (1) prosecutorial misconduct deprived him of his rights to due process and a fair trial; (2) the trial court improperly admitted evidence of a threat made by defendant upon the victim's sister; (3) the trial court denied him of his constitutional right to confront witnesses; (4) the trial court erred in allowing the State to show the jury a photo during cross-examination; (5) the presence of a plain-clothes security guard denied him of his right to a fair trial; (6) he was denied his statutory and constitutional rights to due process and speedy trial; and (7) the State was improperly allowed to endorse an additional witness.
In the early morning hours of October 14, 1998, police were dispatched to Bloom's residence following a 911 call in which the male caller stated, "I just killed a thief that attacked me in my house, man." Within minutes, an officer arrived at the scene and observed Brenda Porter running out of Bloom's house screaming. Brenda told the officer that Bloom had shot and killed her sister Deanna Porter. The officer then saw Bloom exit the house with blood on his legs. The officer ordered Bloom to get on the ground and handcuffed him. Additional officers arrived at the scene.
Upon entering Bloom's house, officers observed Deanna Porter lying on the floor between the living room and kitchen covered by a sheet. Upon lifting the sheet, the officers observed the victim had sustained a massive gunshot wound to the head. The officers observed a butcher knife in the victim's right hand, with the sharp edge pointed toward her body and only a small amount of blood on the blade. The officers also observed a shotgun, with its barrel pointed toward the living room, and one officer indicated he observed a shotgun shell lying on the ground next to the victim's body.
After Bloom gave written consent to search his home, officers investigating the scene observed a shotgun shell lying in the living room next to the couch. They also observed blood spatter and marks from the shotgun pellets on the wall, indicating the shotgun had been fired from the living room into the kitchen area. The victim's purse was lying next to the victim's right hand. Officers opined that the purse, not the knife, had been in the victim's right hand when the shot was fired. The 12-gauge semiautomatic shotgun at the scene contained three additional rounds of ammunition, the first of which matched the shell found on the ground. Additional ammunition, also matching the empty shell at the scene, was discovered on a closet floor in a bedroom of the house.
Bloom, who had a cut on the calf of his leg, was taken to the hospital to receive treatment. The officer who rode with Bloom to the hospital stated that Bloom had spontaneously asked the officer to shoot him, Bloom. Bloom told the officer that Deanna had come at him with a knife. He stated that he had asked her to marry him 12 or 15 times. Bloom then stated that she was jealous because he had a new girlfriend and had come at him with a knife. Bloom asked the officer to tell him that Deanna was not dead. He stated that he had given her money for dope, but refused to give her anymore. On the way to the law enforcement center Bloom also asked, "I just shot her in the hand, right?" The officer noted that Bloom smelled of alcohol but was unaware if Bloom was intoxicated. Another officer stated that prior to arriving at the law enforcement center Bloom had spontaneously stated, "[S]he should have married me if she didn't want me seeing any other women."
During a taped interview with police, Bloom indicated that he and Deanna had had a relationship for approximately 3 years and had engaged in sexual relations once every 8 or 9 months. Bloom stated that he had asked Deanna to marry him on numerous occasions, but that she had declined.
Bloom told police that Carol Miller was at his house when Deanna arrived earlier in the evening. Bloom stated that he had gone out and purchased a rock of crack cocaine and that he gave some of it to Deanna and kept some for himself. Bloom indicated that they smoked crack and drank beer and gin. After a few hours, Carol left. Deanna said something to Bloom about "those other bitches," which Bloom thought was directed at his part-time girlfriends, went to the kitchen, grabbed a knife, and cut Bloom on his leg. She then attempted to cut him in the groin area. Bloom stood up, pushed her away, grabbed a shotgun that was near the refrigerator, and blew her hand off. Bloom estimated he was approximately 2 feet away from Deanna when he fired the shot.
Later in the interview, Bloom indicated that he had tried to shoot Deanna in the neck or shoulder, finally admitting that he had tried to shoot at any part of her. Bloom stated that he had covered Deanna up with the sheet and called 911. Bloom explained that he had described Deanna as a thief in the 911 call because she had stolen a lighter from him earlier in the week. Bloom also admitted to police that he had placed the knife back in Deanna's hand after she fell, because it had skidded across the floor during her fall. During the interview, Bloom denied all suggestions by the police that he had cut himself on the leg.
Bloom was charged with one count of second-degree intentional murder on October 15, 1998. The complaint was amended to charge Bloom with first-degree premeditated murder on November 19, 1998. Bloom's trial began June 26, 2000.
Markale Porter, Deanna's brother, testified that he and his uncle, Stanley Henderson, were at Bloom's house earlier in the evening with Deanna, Bloom, Carol Miller, and Bloom's next door neighbor. At some point, Markale and Stanley left for approximately 45 minutes to purchase some crack cocaine. Upon their return, Markale and Stanley divided up the cocaine between themselves, Bloom, Deanna, and Carol. Bloom became agitated when he could not find his crack pipe. He became more agitated after he thought Deanna's pipe was his, but she indicated that it was hers. Bloom then ordered everyone to leave his house. Everyone but Bloom left. Deanna, Markale, and Stanley went to Brenda's house, just across the street, and sat on her porch.
Markale and Brenda testified that later Deanna returned to Bloom's house and was admitted. About 5 to 8 minutes later, they heard a gunshot. Markale and Stanley ran to Bloom's house. Brenda went inside her house to call Bloom. After Markale and Stanley were unable to gain entry to Bloom's house, they returned to Brenda's house. When Brenda was unable to get an answer on the phone, she ran to Bloom's house. Brenda testified that when Bloom answered the door, he told her that Deanna was "up on the floor dead. I just killed her." Brenda observed Deanna lying uncovered on the upstairs floor. Brenda believed that while she was upstairs with Deanna, Bloom was downstairs. Markale testified he had observed Bloom come out of his house with a bleeding wound on his leg and tell Brenda that he had blown Deanna's head off. Markale admitted on cross-examination that he had not said anything about hearing Bloom make this statement prior to the preliminary hearing.
Brenda had known Bloom for the past 4 years and visited his house frequently. She indicated that Deanna and Bloom were friends and that Bloom would treat Deanna good sometimes but that other times he would get angry and ask her to leave his house. She testified that Bloom liked Deanna as more than a friend, but that Deanna did not feel the same about him. Brenda testified that she had been over at Bloom's house earlier that evening, with Deanna, Bloom, Carol, and Bloom's next door neighbor. Brenda had left after about 30 minutes and returned to her house after Bloom had asked her to leave.
Brenda testified that a week before Deanna's death, Bloom had threatened to kill Brenda by choking her with his toes if she lied to him about a man he suspected Deanna was seeing. Brenda stated that Bloom was very angry and jealous when he made this threat. Bloom often bragged about being able to kill people with his own hands. After Deanna died, Bloom sent letters to Brenda asking Brenda's family to forgive him and saying that he did not mean to murder Deanna.
Ruth Porter, Deanna's mother, testified to the relationship between Bloom and Deanna. Bloom had called Ruth within a couple of months before Deanna's death and had told her that he loved Deanna, but that Deanna had said there could be no relationship because she did not have relationships with white men. Ruth testified that in the past Bloom had wrongfully accused Deanna of stealing from him and later realized she did not do it.
The cause of Deanna's death was a gunshot wound to the head. No other internal or external injuries were discovered. The shot was fired within a few feet of her head because stippling from the bits of powder was observed. Deanna tested positive for cocaine and alcohol.
Michael VanStratton, a KBI forensic scientist, testified regarding the blood spatter at the scene. He testified that the victim was in the living room facing the kitchen at the time she was shot. He indicated that the victim was not sitting down nor was she in a full upright position when the shot was fired. He testified that the shooter was either in the living room or in close proximity to it when the shot was fired.
Carol Miller, Bloom's friend of 6 years, testified she was at Bloom's house that evening drinking beer with Bloom and Deanna, and that no "men" had shown up at the house during this time. After about 3 or 4 hours, Carol testified she left and that Deanna stayed. Deanna had told Carol she was going to be leaving to go to Brenda's house. On cross-examination, Carol admitted that Bloom's next-door neighbor, a male, might have been there that evening, but that she did not remember.
John Sims, a social worker and addictions counselor, testified generally for the defense on the effects of cocaine and alcohol, stating that the combination of the two can impair the ability to think and can impair reality. Sims also testified as to blackouts and how individuals can be in a blackout and still be functioning.
Bloom, testifying in his own defense, stated that he had warned Brenda earlier in the evening that he was tired and that he did not want Brenda to come over to his house. He said that Carol Miller showed up later in the evening and that he had let her in because he had not seen her in awhile. After a few minutes, Deanna arrived. The three of them drank beer and gin. Brenda came over later that evening, followed by Markale and Stanley. Bloom did not admit Markale and Stanley into his house. He told them to leave and they left. After the women finished their drinks, he told them to leave. The women left and Bloom tried to go to sleep. Bloom testified that he put the shotgun by the refrigerator at that time. Bloom said that he puts the gun by the refrigerator when he is home alone.
Bloom testified he had trouble getting to sleep, and suddenly realized Deanna was standing in front of him. Bloom did not recall how Deanna had entered the house. Bloom said that Deanna asked him for $40 to buy two pieces of crack cocaine. When he refused, Deanna threatened him by saying that she had back up. When Bloom again refused to give her any money, Deanna bumped her chest against him. Bloom backed away from her and sat down in a chair in the kitchen. Deanna walked past him and said, "[I]f it weren't for them fucking bitches," and then came at him with a knife. After she cut his leg, he pushed her against the refrigerator. As he started to back away, he grabbed the shotgun. While backing toward the front door he tripped over something and the shotgun went off. When the gun went off, Bloom said that Deanna was sitting down in a chair. Bloom then went over to Deanna, laid the gun down, and observed no damage to Deanna's body at that time. Bloom was shocked the gun fired because there was not supposed to be ammunition in the firing chamber. When Brenda arrived, Bloom told her he had shot Deanna.
Bloom testified that he cannot handle stress because he suffers from post-traumatic stress disorder and that he shuts down in stressful situations. Bloom is retired from the military and suffered physical injuries during the Vietnam War. He testified he had no recollection of anything that occurred after he told Brenda he had shot Deanna until he was being handcuffed by police. Bloom denied remembering being transferred to the hospital or to the law enforcement center.
After denying to the jury that he intentionally shot Deanna, Bloom described his relationship with Deanna as being that of friends. He denied stating that they had sexual relations once every 8 or 9 months. Instead, Bloom testified he and Deanna had been involved in a 9-month relationship, but had since gone back to being friends. Bloom admitted he wanted Deanna to be his girlfriend, but claimed he had given up on the idea. He denied having ever asked Deanna to marry him and claimed that he lied to the police about this because he wanted to make her look good and did not think Deanna was dead at that time.
Bloom did not recall making the 911 call. He explained to the jury that he had described Deanna as a thief during that call because she had tried to extort $40 from him to buy crack cocaine. Bloom stated that he did not know she was dead so he put the knife back in Deanna's hand to protect her.
Bloom was convicted of second-degree intentional murder, an off-grid crime. Bloom's posttrial motions to set aside the verdict, for a new trial, for a mistrial, and for a judgment of acquittal were denied. Bloom was sentenced to life in prison with eligibility of parole after 10 years. Timely notice of appeal was filed. This court's jurisdiction is pursuant to K.S.A. 22-3601(b)(1).
PROSECUTORIAL MISCONDUCT
Bloom contends the prosecutor wilfully violated an order in limine that prohibited the State from introducing letters Bloom had written to Deanna. The State maintains that it did not violate an order in limine, nor did it commit prosecutorial misconduct.
Prior to trial, Bloom filed a motion in limine seeking to exclude any reference to his prior convictions and bad acts. On the day of trial, the trial court granted an order in limine as to any prior convictions. During the State's case in chief, the prosecutor asked Ruth Porter about letters Bloom had written to Deanna, and then attempted to introduce a letter into evidence. Outside the hearing of the jury, Bloom objected to the introduction of the letter into evidence, asserting that the letter had been written while Bloom was in jail and that it would violate the order in limine. At that time, the prosecutor indicated the purpose for introducing the letter was to admit into evidence a statement by Bloom to the effect that if there are not dead bodies littering the street then Bloom did not try to kill anyone. The trial judge held the letter was inadmissible because it violated the order in limine and that if the letter were redacted down to one specific statement it would not have probative value.
During Bloom's cross-examination by the prosecutor, the following exchange occurred:
"Q. [Prosecutor]: You are an expert in M-16 rifles, correct?
"A. [Bloom]: Yes, ma'am.
"Q.: And isn't it true that you believe yourself to be good enough with weapons that if there are dead bodies, they are there on purpose because you intended to kill them?
"A.: There can be dead bodies without intention. No, that isno, I don't believe that.
"Q.: Specifically with respect to you, if there are dead bodies around you, you intended to kill them?
"A.: Absolutely no.
"Q: Isn't it true that you wrote a letter to Deanna."
At that point, Bloom's counsel approached the bench and requested a mistrial because this evidence had specifically been excluded earlier in the trial. The prosecutor urged the court that this particular statement was now relevant to prove Bloom's intent. The trial judge agreed with the defense, but denied defendant's motion for a mistrial because the contents of the letter had not been revealed to the jury. Bloom was convicted.
Bloom again raised the issue of prosecutorial misconduct in a motion for new trial. In denying Bloom's motion for a new trial, the trial court held there was no "true violation of the rule in limine," because "the gist of the letters did not become evidence for the jury to consider." The prosecutor argues there was no violation of an order in limine because Bloom's motion in limine did not identify the letter as a specific piece of evidence to be excluded.
A two-part test is used in evaluating an alleged violation of a motion in limine. First, it must be determined whether a violation occurred. Second, if a violation occurred it must then be determined whether the facts elicited during the violation substantially prejudiced the defendant. The defendant bears the burden of showing he or she was substantially prejudiced. State v. Aikins, 261 Kan. 346, 376, 932 P.2d 408 (1997); State v. Warden, 257 Kan. 94, Syl. ¶ 9, 891 P.2d 1074 (1995).
In Kansas, a court's power to consider a motion in limine arises from its statutory pretrial authority. State v. Quick, 226 Kan. 308, 311, 597 P.2d 1108 (1979) (disapproved on other grounds); see K.S.A. 22-3217; K.S.A. 2001 Supp. 60-216. An order in limine is to insure that evidence inadmissible at trial is not offered, because the mere offer of or statements about such evidence would tend to prejudice the jury. State v. Heath, 264 Kan. 557, 581, 957 P.2d 449 (1998). The Quick court set forth the following guidelines in using a motion in limine:
"It is important that a proper written motion be filed to pinpoint the material or evidence to be protected against. This is necessary together with an order of the court setting forth the specific basis for exclusion or admission. . . . The motion should not be general in scope. [Citation omitted.]
"When entering the order it should be temporary in nature. It is entered before trial and no one knows exactly what will turn up later during the trial. When a protective order has once been granted the offer of proof during the course of the trial must be made in the absence of the jury." 226 Kan. at 312.
Here, when the State first alluded to the letter during direct examination of Ruth Porter, the order in limine did not specifically extend to the letter. However, after an objection by the defense, the trial judge precluded admission of the letter as a violation of the order in limine because it alluded to a prior conviction. At that point, the prosecutor was on notice that this letter was included in the order in limine. When the prosecutor subsequently mentioned the letter during Bloom's cross-examination, the prosecutor asserted that the court's prior ruling excluded the letter but did not exclude that particular statement. Although the trial judge did refer to this particular statement differently and appeared to have recognized that the statement itself did not violate the order in limine, the admission of this statement had still been precluded for lack of probativeness. In its brief, the State asserts the statement about the dead bodies became probative after Bloom changed his defense during his testimony from self-defense to that of accident. We note that even if the State believed the statement became probative at that point, the prudent thing would have been for the prosecutor to have requested admission of this statement outside the jury's presence.
Bloom contends he was prejudiced because the jury heard the prosecutor ask him about a letter he wrote to Deanna and that the jury had to know that the prosecutor was about to show that Bloom had lied in his response to the prosecutor's question about the dead bodies. Even if this contention is true, Bloom fails to show what substantial prejudice resulted from the State's violation of the order in limine. See Aikins, 261 Kan. at 376. The contents of the letter were never admitted into evidence. Thus, the trial court was correct in denying the request for a mistrial.
Bloom next asserts that he is entitled to have his conviction set aside because of prosecutorial misconduct in cross-examining him about the letter. In order for prosecutorial misconduct to constitute reversible error, the error must be of such magnitude as to deny a defendant his constitutional right to a fair trial. State v. Pabst, 268 Kan. 501, 504, 996 P.2d 321 (2000). Three factors should be considered in determining whether to grant a new trial because of a prosecutor's violation of an order in limine. First, was the prosecutor's misconduct so gross and flagrant as to prejudice the jury against the defendant? Second, does the admission of the statement indicate ill will by the prosecutor? Third, is the evidence against the defendant so overwhelming that there was little or no likelihood the prosecutor's violation of the order in limine changed the result of the trial? State v. Crume, 271 Kan. 87, Syl. ¶ 11, 22 P.3d 1057 (2001).
Bloom asserts the prosecutor's "hyper-technical claim" that although the letter was precluded from evidence this particular statement in the letter was not precluded, demonstrates the prosecutor's ill will. Bloom argues that the prosecutor's questioning regarding this statement was based on inadmissible evidence and thus the questioning was made in bad faith. Bloom contends the reference to the dead bodies by the prosecutor caused the jury wonder what Bloom was hiding. Bloom asserts that the error was compounded when the trial court failed to instruct the jury to disregard this reference. We note that the record does not indicate Bloom requested an admonishment.
Bloom is correct in stating that the credibility of his version of the shooting was a critical element in the trial. However, after reviewing the circumstances surrounding the prosecutor's statement and the evidence at trial, it can be said that the prosecutor's statement had little, if any, likelihood in changing the result of the trial. The evidence as to Bloom's intent was not overwhelming; however, Bloom's credibility was damaged by his own actions and inconsistent statements. After reviewing the record, we find that Bloom's rights to due process and a fair trial were not violated.
EVIDENCE OF DEFENDANT'S THREAT TO ANOTHER
Bloom contends the trial court denied him his rights to due process and a fair trial in allowing Brenda Porter to testify to a threat Bloom had made to her approximately a week before Deanna's death. Bloom argues the admission of the evidence was erroneous and irrelevant and that it violated K.S.A. 60-447 and K.S.A. 60- 455.
The threat was first brought to the trial court's attention when considering Bloom's motion in limine. At that time, the trial judge denied the motion in limine as to the threat. During direct examination of Brenda, the prosecutor inquired whether there was a conversation with Bloom which scared her about a week before Deanna's death. Out of the hearing of the jury, Bloom objected, claiming that admission of this testimony violated K.S.A. 60-455. The prosecutor then proffered testimony to show the relationship between Bloom and Deanna and Bloom's jealousy of Deanna and argued the testimony showed motive and intent. The trial judge overruled Bloom's objection.
Brenda testified that she had gone to Bloom's house to see Deanna because Deanna was staying with Bloom. After no one answered the front door, Brenda went around to the back of the house and saw Bloom sitting on his porch. Bloom told Brenda that he had not seen Deanna and that she was with some guy named "Chuckie." Bloom then asked Brenda how long Deanna had been seeing Chuckie. Brenda told Bloom that all she knew was that Deanna and Chuckie had gone to school together. Bloom told Brenda that Brenda had better not be lying to him and said, "Don't you know if you are lying to me I will jump off this porch and take my toes andtake my toes around your neck and choke you to death."
In order to preserve an issue for appeal, a party must make a timely and specific objection to the admission of the evidence. See State v. Sims, 265 Kan. 166, 174, 960 P.2d 1271 (1998); State v. Holbrook, 261 Kan. 635, 643, 932 P.2d 958 (1997); see also K.S.A. 60- 404. The State points out that Bloom's objection to this testimony at trial and during the hearing on the motion in limine was that it violated K.S.A. 60-455, which restricts the admission of other crimes and civil wrongs into evidence. It was not until the motion for new trial that Bloom asserted as additional grounds for exclusion of the evidence, relevancy of the evidence and K.S.A. 60-447, which limits the use of a character trait as proof of conduct.
Relevant evidence is evidence having any tendency in reason to prove a material fact. K.S.A. 60-401. The determination of relevancy is a matter of logic and experience, not a matter of law. Simon v. Simon, 260 Kan. 731, 741, 924 P.2d 1255 (1996). Except as otherwise provided by statute, all relevant evidence is admissible. K.S.A. 60-407(f).
Bloom argues that any threat made to Brenda was irrelevant to the issue in this case. Bloom claims the prosecutor's real motive for introducing the evidence was to show Bloom's propensity for violence and claims that the threat was not necessary to show Deanna's relationship with Bloom. We disagree. Included within the threat was evidence of the relationship between Bloom and Deanna and Bloom's feelings of jealousy. Jealousy is a current state of emotion. Evidence of a current state of emotion is not prohibited by K.S.A. 60-447. The evidence was also not prohibited by K.S.A. 60- 455 because there was no crime or civil wrong. The testimony was relevant.
RIGHT TO CONFRONT WITNESSES
On direct examination, Brenda admitted a 1977 conviction for unemployment fraud. On cross-examination, the defense asked Brenda whether she had been charged with 26 counts of fraud in that case. The prosecutor objected, claiming that once a witness admits he or she has a conviction no further inquiry as to additional charges in the complaint is allowed. The trial judge upheld the prosecutor's objection and prohibited inquiry into the 26 counts of fraud, but allowed Bloom's attorney to question Brenda regarding the details of her conviction. Bloom alleges that prohibiting his questioning of Brenda on all 26 counts of fraud denied him due process and the right to a fair trial and that his constitutional right to confront witnesses was denied.
Evidence of the conviction of a witness for a crime involving dishonesty or false statement is admissible to impair that witness' credibility. K.S.A. 60-421. Obviously, Brenda's conviction for unemployment fraud was admissible under K.S.A. 60-421 to impair her credibility. See State v. Marble, 21 Kan. App. 2d 509, 516, 901 P.2d 521 (1995).
Bloom asserts that the trial court unfairly limited his impeachment of Brenda by prohibiting him from questioning her regarding the 26 counts alleged on the complaint, and cites K.S.A. 60-421. This argument is without merit. U