United States v. John Cornelio Norris

John Cornelio Norris was convicted of three counts of aggravated sexual abuse. We hold that there was insufficient evidence to corroborate Norris’s confession as to count two and reverse his conviction on that count. We affirm Norris’s conviction on the remaining counts.

I

FACTS AND PROCEDURAL HISTORY

Norris is a member of the Tohono 0‘0d-ham Indian Nation and resided on the San Xavier Indian Reservation during the time the events at issue occurred. He is also the victim’s uncle. The victim, referred to as T.V., spent the Thanksgiving weekend of 2000 with Norris at Norris’s home. T.V. was five years old at the time. This occurrence was not unusual, as TV. spent time at her uncle’s home on other occasions, including during the summer of 2000.

On the Monday following Thanksgiving, TV’s mother received a report from TV’s school that Norris may have sexually abused her daughter. TV’s mother took T.V. to the clinic where T.V. was examined by Dr. Jacqueline DaSilva-Stephen. During the examination, T.V. told Dr. DaSilva-Stephen that she hurt in the area of her perineal. TV. also told the doctor that “Johnny put his peter in there.” Dr. Da-Silva-Stephen examined T.V. and noticed that…