Lott v. State

*889Pope, Judge,

dissenting in part.

While I concur with Divisions 1, 3 and 4 of the opinion, I write separately because I do not agree the trial court committed reversible error by allowing the investigator from the sheriffs office to testify that it was common in the 40 or so child abuse cases she had investigated for the mother to side with the father. As the question which elicited the objected to testimony indicates, defense counsel had earlier stated the victim’s mother/defendant’s wife did not believe her husband committed the acts of child molestation of which he was accused. She later testified she did not believe the defendant molested her daughter, even though she admitted she never discussed the alleged acts of molestation with her daughter. Obviously, in cases such as this in which one parent is accused of molesting a child or stepchild, the testimony of the other parent, especially a biological parent, weighs heavily with the jury. The credibility of the victim’s mother/defendant’s wife was a crucial issue in this case, and the complained of testimony explains both the conduct and testimony of the key witness for the defendant. “As a general rule and particularly when the evidence is conflicting, a party may show any fact or circumstance that might affect the credit of an opposing witness. [Cit.]” Arnold v. State, 163 Ga. App. 10, 13 (293 SE2d 501) (1982). “ ‘Evidence is relevant if it relates to the questions being tried by the jury, either directly or indirectly, tends to illustrate or explain the issue, or aids the jury in arriving at the truth.’ (Citations and punctuation omitted.) [Cit.]” Yelverton v. State, 199 Ga. App. 41, 42 (1) (403 SE2d 816) (1991). The testimony at issue was relevant and properly admitted by the trial court. Furthermore, as this court has consistently recognized, what is common in child abuse cases is beyond the ken of average jurors and therefore a proper subject of testimony of those having expertise in that area. See generally Hammock v. State, 201 Ga. App. 614 (6) (411 SE2d 743) (1991); Cooper v. State, 200 Ga. App. 560 (2) (408 SE2d 797) (1991).

I am authorized to state that Presiding Judge McMurray and Judge Andrews join in this dissent.