State v. Foard

SAND, Justice.

Reginald Foard (Foard) was charged with sexually molesting his five-year-old natural daughter (Nancy, a pseudonym). Foard waived a jury trial and the matter was tried before the court. At trial Nancy testified that when the alleged incident occurred she was wearing pajamas and Foard had touched her by placing his hand up her pajama leg. An employee of Ward County Social Services, which had possession of the pajamas, testified the pajama pant legs were extremely baggy, but the pajamas were not introduced into evidence in the State’s case in chief. Following the conclusion of…