dissenting.
I respectfully dissent from the majority opinion because the trial judge did not commit reversible error in admitting evidence of other uncharged acts under the circumstances of this case.
Metcalf was convicted of sodomy and sexual abuse against his then 8-year old stepdaughter. The convictions arise from allegations that he sexually abused three of his stepdaughters all of whom were under 12-years of age when the incidents occurred. Metcalf argues that it was error to admit any evidence regarding the allegations made by the other two stepdaughters. Prior to trial, Metcalf filed a motion in limine to prohibit the use of any evidence pertaining to other children. The prosecution maintained that the evidence of other allegations was admissible, pursuant to KRE 404(b)(2), and to rebut the defendant’s claim that he was simply answering yes or no questions in his police interview. Ultimately, the trial judge concluded that the allegations of improper videotaping made by one of the stepdaughters were inextricably intertwined with the charged acts and were therefore admissible. The trial judge also ruled that the allegations of exposure on a bicycle trip were too remote and, therefore, inadmissible.
In his opening statement and before evidence had been introduced, defense counsel commented at some length on the videotape of one of the other stepdaughters. He noted that no videotape was ever found, and consequently, indicated that the tape never existed and that the allegations were entirely fabricated by the children. When the actual evidence was introduced during trial, no objection was raised. In a trial where credibility and conflicting statements by the victim and the defendant are central to the ultimate conclusion, evidence such as presented here regarding the destruction of the videotapes was admissible to rebut the challenge by the defendant to his confession. The prosecution did not present the evidence to show character in conformity with the charged offense, but rather to rebut the claim that the confession was simply the product of convenience or pressure. The background of the videotape was thoroughly intertwined with other necessary evidence in this case. Surely, the prosecution is entitled to present a complete picture of the crime committed, including necessary background and perspective. See Norton v. Commonwealth, 890 S.W.2d 632 (Ky.App.1994). This Court has held that evidence of other bad acts is admissible provided it is so interwoven with other evidence that it is necessary and appropriate. Schambon v. Commonwealth, 821 S.W.2d 804 (Ky.1991).
In addition, there was no error in admitting evidence of the allegations of indecent exposure made by the third stepdaughter. *750During cross-examination of that victim, she specifically testified that during the entire time she had known the defendant he had never acted improperly toward her or her sisters. Accordingly, the prosecution sought to introduce evidence of her allegations of indecent exposure and the trial judge allowed it, determining that the defendant had opened the door.
Fundamentally, the decision to admit or exclude evidence is left to the sound discretion of the trial judge. In reviewing such discretion, the inquiry is limited to the question of whether there was an abuse of discretion. Commonwealth v. English, 993 S.W.2d 941 (Ky.1999). There was no arbitrary or capricious action by the trial judge that amounted to an abuse of discretion.
I would affirm' the convictions in all respects.