# State of Tennessee v. Evangeline Combs and Joseph D. Combs

> Court of Criminal Appeals of Tennessee · September 25, 2002

URL: https://www.frixlaw.com/law-library/cases/1073938

## Case

- **Court:** Court of Criminal Appeals of Tennessee
- **Decided:** September 25, 2002
- **Precedential status:** Published
- **Opinion:** Opinion
- **Judges:** Judge Thomas T. Woodall
- **Cited by:** 0 later opinions in the Frix Law Library

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## Opinion text

IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE
AT KNOXVILLE
April 23, 2002 Session

STATE OF TENNESSEE v. EVANGELINE COMBS and
JOSEPH D. COMBS

Consolidated Direct Appeal from the Criminal Court for Sullivan County
Nos. S41,992 & S41,993 R. Jerry Beck, Judge

No. E2000-02801-CCA-R3-CD
No. E2000-02800-CCA-R3-CD
September 25, 2002

The Defendants, Joseph D. Combs and Evangeline Combs (husband and wife), were charged by
presentment returned by a Sullivan County grand jury with numerous offenses: Joseph Combs was
indicted for one count of especially aggravated kidnapping, two counts of aggravated assault, one
count of aggravated perjury, one count of aggravated rape, and seven counts of rape. Evangeline
Combs was indicted for one count of especially aggravated kidnapping, three counts of aggravated
assault, two counts of assault, and four counts of aggravated child abuse. Following the close of all
proof, the trial court dismissed one count of aggravated assault in the presentment against both
Defendants and three counts (one for aggravated assault and two for simple assault) against
Evangeline, finding the offenses in these four counts were barred by the statute of limitations.
Following deliberation, the jury found Defendant Evangeline Combs guilty of especially aggravated
kidnapping and four counts of aggravated child abuse, and not guilty of one count of aggravated
assault. Defendant Joseph Combs was found guilty of especially aggravated kidnapping, aggravated
assault, aggravated perjury, and aggravated rape, in addition to seven counts of rape. Evangeline
Combs received a sentence of 65 years, and Joseph Combs received an effective sentence of 114
years. The Defendants, represented by different counsel, filed separate notices of appeal. Thereafter,
the two cases were consolidated to form the instant appeal which presents the following issues: (1)
whether the trial court properly conducted voir dire proceedings; (2) whether the trial court erred by
allowing the State to amend the presentment for especially aggravated kidnapping; (3) whether the
State properly complied with Defendants’ request for a bill of particulars regarding the charge of
especially aggravated kidnapping; (4) whether the trial court improperly admitted evidence of prior
bad acts; (5) whether the evidence was sufficient to support the Defendants’ convictions; (6) whether
the trial court’s instructions to the jury included all appropriate lesser-included offenses; (7) whether
the trial court failed to fully and properly instruct the jury concerning the especially aggravated
kidnapping charge; (8) whether the trial court erred by failing to merge the convictions for certain
offenses; and (9) whether the sentences imposed on both Defendants were proper. Defendant Joseph
Combs additionally presents the issue of whether seven of his eight rape convictions should be
reversed because the State failed to allege sufficient facts in the presentment to properly toll the
statute of limitations for these offenses. After a thorough review of the record, we reverse Defendant
Joseph Combs’ conviction for aggravated perjury and remand the matter for a new trial on that
charge. In all other respects, we affirm the judgments of the trial court as modified.

Tenn. R. App. 3 Appeal as of Right;
Judgments of the Criminal Court Affirmed in Part, Reversed in Part, and Modified in Part.

THOMAS T. WOODA LL, J., delivered the opinion of the court, in which JERRY L. SMITH, J., joined.
GARY R. WADE, P.J., filed a separate concurring opinion.

Stephen M. Wallace, District Public Defender; Terry L. Jordan, Assistant Public Defender; and
Joseph F. Harrison, Assistant Public Defender, Blountville, Tennessee, for the appellant, Evangeline
Combs; and Richard A. Spivey, Kingsport, Tennessee, for the appellant, Joseph D. Combs.

Paul G. Summers, Attorney General and Reporter; Peter M. Coughlan, Assistant Attorney General;
H. Greeley Wells, Jr., District Attorney General; and Barry Staubus, Assistant District Attorney
General, for the appellee, State of Tennessee.

OPINION

FACTUAL BACKGROUND

On February 18, 1997, the Bristol Tennessee Fire Department was alerted that a 911 call for
assistance was received from the Emanuel Baptist Church (“EBC”) located on Weaver Pike in
Bristol, Tennessee. Timothy Estes, James Gouge, and Jewel Rogers, paramedics with the Bristol
Fire Department, arrived at EBC at approximately 11:10 a.m. to discover a nineteen-year-old
woman, later identified as the victim, Esther Combs, laying on the back seat of a van in the parking
lot of the church. Estes testified at trial that Esther was demonstrating “seizure-like activity” and
“thrashing about,” with her arms and legs waving when he found her. Although she was awake and
talking, Estes believed that she was not coherent or aware of her surroundings.

Defendant Joseph Combs was present when the paramedics arrived. He told Estes that Esther
was initially discovered in the bathroom. The family removed her from the bathroom, placed her
in the van, and then telephoned 911. Estes asked Joseph to show him where they discovered her.
Joseph unlocked the door to a yellow building nearby. They entered a foyer, traveled through a
second door and proceeded through the fellowship hall. Estes testified that the hall was windowless
and contained two or three sofa beds, flanked by a regular wall and two large plastic sheets. Clothes
and trash were strewn about the floor, with pathways formed between the piles of debris. Estes
found nothing extraordinary in the bathroom and returned to the parking lot. Meanwhile, James
Gouge, another paramedic, had been working with Esther. Gouge testified that he asked a young
man who was sitting on the other side of the seat near Esther’s head how long she had been like this.
The young man turned away and said nothing. Gouge repeated the question, but again received no
answer. When Estes returned, the paramedics transported Esther to Wellmont Bristol Regional
Medical Center (“Medical Center”).

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Esther turned away from the paramedics and curled up into a fetal position on the way to the
Medical Center. As she did this, her shirt raised a bit. Estes and Gouge observed scars on her back.
When Gouge and Estes lifted the shirt a bit further, they noted additional scarring. Her hands, arms,
chin, and forehead were also scarred. The paramedics reported their observations to the medical
personnel once they arrived at the hospital and to the deputy police chief when they returned to the
fire station. Estes testified that, during his seventeen years as a paramedic, he had never before
observed that many scars on a single person.

Esther Combs arrived at the Medical Center at approximately 11:30 a.m. Dr. Gregory Allen
Gerlock, the emergency room physician on duty at that time, was the first person to examine her.
At trial, he described Esther’s initial condition as “acutely ill” and somewhat delirious. Her vital
signs were stable, but Dr. Gerlock was concerned about her “mentation” and the “numerous scars
all across her body.” He testified that there were “scars on top of scars all over” but, given the
emergency nature of the encounter and the number of scars, it was not practical to map them during
the exam. Unable to extract any coherent answers or information from Esther regarding her
condition, Dr. Gerlock asked Joseph Combs whether he knew how she had acquired the marks on
her body. Joseph responded, “What marks?” When Dr. Gerlock replied, “All the scars over her
body,” Joseph informed him that Esther “falls a lot.” At trial, the prosecutor asked Dr. Gerlock
whether, based on his experience and training, he considered the explanation received from Joseph
Combs (i.e., that the injuries were caused by falls) to be consistent with the scars and condition of
Esther’s body. Dr. Gerlock responded negatively. Joseph had also informed Dr. Gerlock that Esther
was “adopted.” However, Dr. Gerlock claimed that he was extremely vague concerning any
additional information, such as where the adoption occurred or any other specific details.

Terri Matney, also on duty in the Medical Center’s emergency room on February 18, 1997,
testified that Esther was “real hysterical” when she arrived. She appeared disoriented and confused
and kept repeating, “I’m sorry. Don’t hurt me. I made the coffee.” Matney tried, unsuccessfully,
to calm her down. The medical staff then pumped her stomach. Matney observed scars “from head
to toe” on Esther’s neck, front side, arms, back, and legs. She had never before seen a patient with
that many scars. Emergency room nurse Vickie Lee Blaylock was responsible for taking blood
pressure readings on Esther. At trial, Blaylock testified that each time she touched Esther’s arm,
Esther would say, “I’m sorry. Don’t hurt me. I’ll be good,” over and over again. Blaylock
corroborated Matney’s observation, i.e., that Esther was thrashing, screaming, and crying--in a state
of delirium--when she initially arrived at the hospital. Blaylock said that later, when Esther calmed
down, she became combative only when someone touched her.

Dr. Gerlock treated Esther until her condition stabilized, at which point he recommended that
she be admitted into the hospital. Esther was transferred to the Cardiac Intensive Care Unit
(“CICU”) of the Medical Center. Elizabeth Owens Cribb, the assistant nurse manager for the
Critical Care Division, was instructed to take photographs of the scars on Esther’s body. She did so
on February 18, 1997, the day Esther arrived at the hospital. Cribb testified at trial that Esther’s body
presented layers of scar tissue along the inside of her thighs and her back, neck, forehead, and chin.

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Esther was drifting in and out of consciousness during the photograph session. Later, when Esther
became coherent, Cribb heard her ask for her family.

Dr. Jennifer Quesenberry Stiefel was the resident physician in charge of Esther’s care at the
Medical Center. Dr. Stiefel’s initial evaluation took place in the emergency room, shortly after
Esther arrived. She described Esther’s condition at that time as “critical.” Her eyes were closed and
she was moaning. Verbal communication was not possible. Dr. Stiefel spoke with Joseph Combs,
who related the following information: Esther had gone to bed at approximately 3:00 a.m. that
morning, complaining only of a mild headache and some abdominal pain. Later that morning, at
approximately 11:00 a.m., they discovered her crumpled on the bathroom floor. Dr. Stiefel asked
Joseph whether Esther had a history of medical or behavioral problems. Joseph reported no
problems, other than some fainting and dizzy spells over the last two or three years, but reported that
Esther had never been evaluated by a physician. When asked whether there was a chance that Esther
had ingested any substance, e.g., household chemicals, alcohol, et cetera, capable of altering her
mental status, he replied negatively.

When Esther became able to converse intelligibly, she informed Dr. Stiefel that she recalled
going to bed at approximately 3:00 a.m. on February 18, 1997, and waking up in the Medical Center
three days later. Dr. Stiefel testified that Esther denied drinking antifreeze and, when she asked
Esther how she had managed to accumulate so many scars, her answer was nearly identical to that
later received from both parents: “I’m a clumsy person. I play rough and I fall a lot.”

Dr. Stiefel ordered a variety of tests performed in an effort to accurately determine the cause
of Esther’s abnormal mental condition, including an arterial blood gas test. The gas test revealed
a condition called metabolic acidosis, which indicated that the patient’s blood was highly acidic.
With this information, Dr. Stiefel narrowed the problem down to approximately five potential
disease processes, one of them being ethylene glycol poisoning, and started Esther on an ethanol drip
with bicarbonate, the treatment of choice when ethylene glycol ingestion is suspected. Over time,
Esther’s condition began to improve.

Dr. Kenneth Emile Ferslew, an expert in the area of pharmacology and toxicology, testified
that ethylene glycol, the chemical compound commonly known as antifreeze, is toxic if ingested.
If the toxin is not removed from the person’s system, two things typically occur. First, the central
nervous system is depressed, the effect of which resembles alcohol intoxication. Second, the liver
metabolizes the compound to form various acids, or metabolites, including oxalic acid. In a period
of two to three days, the oxalic acid will bind with calcium to form calcium oxalate crystals, which
causes kidney failure. If left untreated, death usually occurs within several days of ingestion. After
reviewing the hospital records and studying the symptoms presented by Esther on February 18, 1997,
Dr. Ferslew concurred with Dr. Steifel’s opinion that she was suffering from ethylene glycol
poisoning and concluded that she was also treated appropriately. During cross-examination, Dr.
Ferslew was asked whether a specific test for ethylene glycol poisoning existed and whether it was
performed in this case. Dr. Ferslew replied that such a test existed but, according to the medical
records, it was not performed. On redirect, he explained that this was because the Medical Center

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did not have the ability to perform the test on site and it would have taken several days to get the
results back. In a case where the symptoms of ethylene glycol toxicity are observed, as in this case,
a confirmation test would be senseless because the phase of renal toxicity, which then causes death,
would already have occurred.

With regard to Esther’s physical state, Dr. Steifel’s “head to toe” examination revealed the
following: Esther was responsive to tactile stimulation, i.e., any type of touch would startle her. Old
scars ran the length of her body, front and back, with the area of greatest concentration being the
back and buttocks. The length of the scars varied and they appeared to be distributed horizontally.
Many overlapped each other. None of the scars were recent, and the causative injuries appeared to
have occurred at different times. In response to questions about the origins of Esther’s scars,
Evangeline Combs informed Dr. Stiefel that “Esther was a very clumsy child. She played rough.
She fell a lot. And she was a very active child.” Evangeline claimed that Esther had been born with
clubbed feet, which contributed to her clumsiness. An examination of Esther’s feet revealed “no
clubbing,” however. Dr. Stiefel also reported that Esther’s teeth were in “horrible” condition. She
had multiple dental caries (also known as “cavities”), a severe overbite, and clearly had received no
dental care in recent years. Dr. Stiefel noted that, at approximately 90 pounds, Esther was emaciated
and underweight for her height and build. She was also unable to fully extend her left arm, due to
an injury of some kind. A pelvic examination revealed that her hymenal ring was intact with smooth
borders--a finding she claimed was not inconsistent with penile penetration of her vagina.

The prosecutor asked Dr. Stiefel if, based upon her experience and training and within a
reasonable degree of medical certainty, she could state whether the scars observed on Esther’s back
were self-inflicted. Dr. Stiefel responded that those scars did not fit the pattern or typical distribution
shape of self-inflicted scars. When asked the same question concerning the scars on Esther’s head
and scalp, Dr. Stiefel replied it was “possible,” but “highly unlikely” that the causative injuries were
self-inflicted. As for the other scars, Dr. Stiefel testified that the appearance of some were consistent
with burn injuries; others appeared linear, which would be consistent with cuts made into the flesh.
Burn wounds were located on Esther’s arms, thighs, and backside. Dr. Stiefel was informed by
Evangeline that these wounds were the result of cooking accidents, as Esther frequently prepared
family meals. Dr. Stiefel testified that, all things considered, the scars on Esther’s body were
inconsistent with the personal/medical history provided by Evangeline and Joseph Combs.

Dr. Stiefel learned that Esther was adopted at the approximate age of five or six months and
that she had lived with the Combs family since that time. Esther had never attended public school.
Rather, she had been home-schooled, as were the other Combs children. Evangeline claimed that
Esther had the equivalent of a 12th grade education and was preparing to take the “GED” exam.
As for Esther’s employment status, Dr. Stiefel was informed that Esther’s job was to care for the
children in the church nursery and work for her father, performing cleaning services and secretarial
duties at the church.

Susan Francis Early, a clinical social worker employed by the Medical Center, was asked to
investigate the suspicions of abuse prompted by Esther’s condition. Early testified that her first visit

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with Esther occurred on February 19, 1997, while Esther was still in the hospital. Early noted the
scars on her face, abdomen, breast, and back. She recalled that the scars on her back were thick and
raised approximately 1/4 inch above her skin, running in a “sideways” direction from the base of
her neck to her buttocks. Sections of hair were missing from the top of Esther’s head. Early
questioned both Evangeline and Joseph Combs as to the origin of the scars on Esther’s body.
Initially, neither defendant would respond to her question. Later, Evangeline informed Early that
Esther “fell a lot and was clumsy.” Esther was discharged on February 25, 1997. Prior to Esther’s
departure, Early informed her that the Department of Human Services operated an adult protective
services program and that the program was responsible for investigating suspected cases of abuse
and/or neglect concerning adults over the age of 18. Esther told Early that she wanted to return to
her family and subsequently did so.

Debbie Richmond-McCauley, a detective with the Bristol, Tennessee Police Department, was
also alerted to the possibility that Esther was a victim of abuse. Detective McCauley arrived at the
Medical Center during the evening on February 18, 1997. Esther was unclothed and semi-conscious.
McCauley noted the scarring on Esther’s face, neck, chest, inner thighs, back, buttocks, arms, hands,
and legs. She took photographs. When Esther regained consciousness, McCauley questioned her
about the scars and showed her the photographs. Esther would not look at them or make eye contact
with her. During their meetings, Esther experienced periods of shaking and stuttering; her right leg
shook very rapidly.

Over the next few days, McCauley spoke with the entire Combs family: the parents, Joseph
and Evangeline; Esther’s brothers Jimmy, David and Peter; and her sisters Cindy and Sarah. Joseph
completely disavowed any knowledge of Esther’s scars, claiming that he had never observed any.
According to Joseph, Esther played “rough,” was “very clumsy,” and “fell a lot on the pavement.”
She was outgoing, but did not have a boyfriend or any outside friends. Joseph also claimed that
punishment of the Combs children took the form of restrictions on their television privileges and/or
their liberty (“grounding”) and that he had not spanked any of the children since they were small.
Joseph informed McCauley that Esther was adopted, but he did not recall where the adoption
occurred. Joseph was stuttering and shaking while McCauley questioned him. She asked him to
sign a statement. He refused.

The statements Detective McCauley received from Evangeline Combs were very similar to
Joseph’s, to wit: she had never seen the scars; she was unaware that Esther had any scars; Esther was
clumsy and slow; she fell a lot on pavement; she was outgoing and rough; she cooked a lot, which
may have caused any burns that she suffered; the children had not been spanked since they were very
young; and Esther was adopted. Evangeline did not recall where they had adopted Esther. She told
McCauley that she would find out and give this information to her, but, according to McCauley, this
never happened.

On March 5, 1997, shortly after her release from the hospital, Esther visited Dr. Stiefel for
follow-up care. Joseph and Evangeline Combs accompanied her to Dr. Stiefel’s office, and
Evangeline went with her into the examination room. Esther did not give Dr. Stiefel any new

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information as to the cause of her hospitalization and she reported no additional problems, other than
a recent burn wound on her right third finger. She returned three weeks later, on March 26th. The
burn wound on her finger was healing.

At approximately 8:00 a.m. on March 24, 1997, McCauley accompanied a number of police
officers and firemen with a search warrant for the Emanuel Baptist Church, the location of the
Combs family residence. The search warrant permitted inspection of the premises for safety and fire
code violations. They knocked on the doors and could hear people talking and moving around inside
the building, but no one responded. The officers also telephoned the residence, but no one answered
their calls. After attempting to gain entry for almost three hours, the officers finally forced the doors
open with a crowbar and entered at approximately 11:00 a.m. The entire Combs family was inside
the building and still wearing their sleepwear. Joseph and Evangeline Combs claimed that they did
not hear any knocking on the door and that they were unaware anyone was outside. The police
officers and firemen began an investigation of the interior and took photos which revealed, among
other things, the following conditions: piles upon piles of trash bags, with pathways in between
them; mice in the kitchen, some dead, with mouse feces scattered about; pools of black liquid in and
under the kitchen sink; piles of dirty dishes and spoiled food; a large room with numerous beds and
televisions; cats, birds, and other animals living inside.

On July 28, 1997, Detective McCauley filed a lawsuit on behalf of Esther Combs, the
purpose of which was to appoint a guardian ad litem and conservator to ensure that Esther received
medical care, education, medical insurance, opportunities for employment, a driver’s license, and
other standard personal documentation, such as a birth certificate, Social Security card, et cetera.
In an order dated September 11, 1997, the court appointed attorney David William Tipton to act as
Esther’s guardian ad litem. A hearing date was set for October 3, 1997. On the day of the hearing,
Esther failed to appear. David Tipton, Detective McCauley, and Joseph Combs were present,
however. According to McCauley, Joseph claimed that Esther had run away and that she was
unaware a hearing had been scheduled. Joseph further claimed that, although he had spoken with
her on the phone and seen her during church services, he had no knowledge of her whereabouts at
that time. At trial, David Tipton corroborated McCauley’s testimony, stating that Joseph Combs had
testified that he did not know where Esther Combs was and that he had not seen her in at least a
couple of weeks. Tipton also testified that Joseph was under oath when he made the above
statements. Richard Edward Ladd, Chancellor of the Second Judicial District, presided at the
hearing and similarly testified that Joseph Combs had denied having any knowledge of Esther’s
whereabouts and that he was under oath when he did so.

On October 3, 1997, the entire Combs family drove Esther to the home of Sonja Caroline
Meadows. Meadows testified that they were waiting for her when she arrived home after work at
approximately 5:00 p.m. that afternoon. At Joseph Combs’ request, Meadows had agreed to drive
Esther to a Waffle House restaurant on the interstate near Spartanburg, South Carolina. Meadows
testified that the trip “had something to do with [Esther] appearing in court that day.” Esther brought
with her some clothes, stuffed in plastic grocery bags, and a cellular telephone given to her by Joseph

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Combs. They left at approximately 5:30 p.m. Esther was in “bad shape” during the drive. She cried
frequently and spoke to Joseph numerous times on the telephone.

At approximately midnight, Meadows arrived at the Waffle House restaurant and met
Douglas Carpenter, a personal friend of the Combs family and a pastor at the Palmettoland Baptist
Church near Charleston, South Carolina. Carpenter testified at trial that he had offered to keep
Esther with him and his family for a while “to give her some relief from the pressure cooker.” Via
the media, Carpenter was aware that Joseph Combs was being investigated and that the whole family
was under a great deal of stress. Initially, Joseph declined Carpenter’s offer. Later, Joseph accepted.
Carpenter said he had little knowledge of the court proceedings involving the Combs family; he
knew that Esther was involved in some form or fashion, but he was uncertain to what extent.

Esther stayed with the Carpenter family for approximately four or five weeks. Carpenter
testified that, during this time, there is no question that Joseph or Evangeline Combs knew of
Esther’s whereabouts. Esther spoke with one or both of them at least once a day by telephone.
Carpenter said that Esther occasionally cried, usually at night, and they did their best to console her,
but most of the time she “did real well.” Esther accompanied the Carpenter family on shopping trips
and attended church youth functions with Donna, Douglas Carpenter’s daughter of similar age. The
two girls became good friends. On cross-examination, Carpenter stated that his family did not
restrict Esther in any way during her visit. She appeared to feel very comfortable living with them
and behaved like a “normal teenager.” Occasionally, she would say that she missed her parents and
wanted to go home. She never indicated that she had been abused at home or that she was fearful
of returning there. On redirect, Carpenter admitted that he had observed scars on Esther’s body, but
paid little attention to them because they had “always been there.” He noticed that Esther walked
with a limp, but testified that she did not appear clumsy or fall a lot. In fact, he saw her fall only
once.

The Carpenter family had plans to visit Israel on November 12, 1997. Esther suggested to
them that she stay with her aunt and uncle, Susan and Roger Combs (Joseph Combs’ brother and
sister-in-law) when they left. Joseph Combs agreed. Two or three days before the Carpenters’
departure for Israel, Douglas drove Esther to a Hardee’s restaurant in Denmark, South Carolina.
Roger Combs met him there and then drove Esther to stay with his family at their home in Georgia.
Thereafter, the Carpenter family’s contact with Esther was limited.

Susan Combs testified that Esther appeared very nervous and withdrawn, small and “frail-
looking,” when she arrived at their home in Georgia. Esther also cried a lot, jumped when touched,
and avoided most attempts to make eye contact. She possessed only a few “shabby,” long-sleeved
dresses and a cell phone. She could print, albeit poorly, but was unable to write cursive-style or spell
well. She was also unable to make change with money or drive a car, and she did not have a Social
Security card or driver’s license. She had never heard of Elvis Presley. At first, she also refused to
go outside the house alone. Every three or four days, she talked with one of her parents on the
telephone. After these conversations, she usually appeared upset.

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Susan noticed changes in Esther’s physical appearance and demeanor after she stayed with
them for a while. She had gained weight and changed her attire, e.g., she started wearing jeans and
other styles of pants. She also established eye contact when she communicated with people, seemed
generally happier, and laughed frequently. Although she was reluctant to walk past the edge of the
yard by herself for quite a while, they continuously encouraged her to try and she eventually did so.

Esther telephoned Detective McCauley on February 20, 1998 from Watkinsville, Georgia,
while she was living with Roger and Susan Combs. McCauley drove to Georgia, interviewed Esther,
and took a statement. From there, McCauley went to the Baptist Children’s Home in Indiana, where
she subsequently discovered that the Defendants had never legally adopted Esther. Esther’s natural
mother was Rachel Garcia, a woman who lived in Michigan, north of Detroit. McCauley contacted
Ms. Garcia, who then agreed to a blood test which conclusively proved that she was Esther’s natural
mother.

Dawn Rose Loftis, office manager of the Baptist Children’s Home in Valparaiso, Indiana,
testified that the home functioned as both an adoption agency and a group home facility in 1977 (the
year of Esther’s birth). At trial, Loftis identified the adoption agreement for “baby Garcia” (Esther),
dated March 1, 1978 and signed by Joseph and Evangeline Combs, in which the parties agreed to
adopt the baby girl within six months and also pay a fee to defray the home’s expenses. Loftis
testified that the infant Garcia was given to the Combs before the adoption was finalized. On
September 10, 1980, the home sent a letter to the Combs, at their Indiana address, requesting that
they send a copy of the final decree of adoption. The letter was not returned, and no reply was
forthcoming. The home sent a second letter of request on January 9, 1984. Again, the letter was not
returned and no reply was received. More than ten years later, on March 11, 1994, a third letter was
sent. The letter was returned and stamped: “Forwarding Order Expired.” As of the date of trial, the
file on baby Garcia reflects that the home did not receive a final decree of adoption or any other
communication from the Combs after November 8, 1979.

On March 6, 1998, Detective McCauley brought Esther back to Dr. Stiefel for reexamination.
Approximately one year had transpired since the hospital incident and Esther’s last examination.
Dr. Stiefel noted that Esther had gained a significant amount of weight (approximately 24 pounds)
and appeared “healthy, rosy.” She made eye contact during conversation and the condition of her
teeth had greatly improved. Esther was then-currently experiencing nightmares and pain in various
parts of her body, however. During the appointment, she also admitted that she had suffered
repetitive beatings with baseball bats and electric cords and that she had ingested antifreeze the year
before, in an attempt to commit suicide because she saw “no escape.” Dr. Stiefel’s reexamination
revealed no new or additional scarring on Esther’s body.

During cross-examination at trial, Dr. Stiefel testified that Esther’s March 1998 appointment
was set up by Detective Debbie Richmond-McCauley, who informed her that Esther was then “in
hiding” at the behest of protective services. Dr. Stiefel acknowledged that the February 1997
hospitalization discharge summary stated that Esther had “firmly denied any type of physical abuse
in either the past or the present” and that she had also refused to take advantage of any form of

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protective services. Dr. Steifel also testified that Esther’s family was not present on every occasion
that Esther denied suffering abuse. However, Dr. Stiefel remarked that Esther appeared “extremely
nervous” during their discussions concerning protective service options.

The victim in this case, Esther Combs, testified at trial that she had recently changed the
name on her birth certificate to Elsa Rachel Garcia. (Notwithstanding the name change, in this
opinion we shall refer to her by the name she was called when the offenses in this case were
committed.) At the time of trial, Esther was twenty-two years old (date of birth: November 16,
1977). She had five “siblings” while a member of the Combs family: James was the oldest; Esther
came next; the third oldest was David; then came Cindy, Peter, and Sarah, in that order of age.
Esther testified that both Joseph and Evangeline had informed her that she was adopted by the
Combses at the age of four-and-one-half months. Joseph told her that her mother was Hispanic and
her father was Caucasian.

Esther’s first memories as a child took place when the Combs family lived in Merryville,
Indiana. At that time, Joseph Combs taught at a Bible college for novice pastors. The Combs moved
from Indiana to Florida sometime in 1986, when Esther was six or seven years old. Joseph worked
as a pastor in Florida for a few years. Thereafter, they traveled to various states, evangelizing on the
road and living in a trailer for approximately one and one-half years. In April 1989, the family
settled down in Bristol, Tennessee, where Joseph became the pastor of EBC. They lived in the trailer
for a few more months, then transferred their residence to a yellow building on the church premises,
which also housed the church gymnasium and fellowship hall.

During Esther’s testimony, the State informed the trial court that it was preparing to ask some
questions which concerned only Defendant Evangeline Combs. A hearing ensued outside of the
presence of the jury. Thereafter, the trial court instructed the jury, prior to the victim’s testimony,
that it should consider the upcoming evidence only as to the guilt of Defendant Evangeline until
directed to do otherwise. The jury was also told to consider the evidence of other crimes presented
at trial for the limited purpose of constructing “the complete story” of the crime of especially
aggravated kidnapping, and not as proof of either Defendant’s disposition to commit a similar crime.
As to the other counts, the jury was to consider the evidence in determining only whether Evangeline
possessed “guilty knowledge.”

Following the trial court’s limiting instruction, Esther began with testimony concerning the
wounds and abuse inflicted upon her by Evangeline while the family lived in Indiana. Esther
identified a photograph of herself with large bandages covering both of her hands and arms up to the
elbows. According to Esther, the underlying injuries were burns caused by hot oatmeal. Evangeline
had taken the other children to wash their hands and instructed Esther not to touch the stove while
she was gone. Esther nevertheless stirred the oatmeal in an effort to help, but she dropped the spoon
into the pot in the process. When Evangeline discovered the spoon had fallen into the oatmeal, she
forced Esther’s hands into the hot food until she retrieved it. Her hands and arms were burnt as a
result, and the wounds were very painful. Evangeline bandaged them herself. Esther did not receive
medical treatment. Another time, Evangeline pushed Esther because she was not climbing the stairs

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fast enough. Esther tripped and hit her chin, which left a scar. Esther testified that the scar on her
right hand was caused when Evangeline opened a pair of scissors and used one of the blades to cut
her. An additional scar on her hand was caused when Evangeline held Esther’s hand on a red-hot
stove burner for an extended period of time. The various marks on her chest and another on her left
arm resulted from those occasions when Evangeline would twist and pull Esther’s skin with a pair
of needle-nosed pliers until a chunk of flesh came off. Esther further testified that her front teeth
were in poor condition because they were previously knocked out of her head. This took place after
one of the other children had “turned her in” for jumping on the bed. To teach Esther not to do this
again, Evangeline picked her up by her arm and leg, swung her around, and threw her into the wall.
She hit the wall with her face, and four front teeth fell out. She was not taken to a dentist. Instead,
Evangeline pushed the teeth back into Esther’s head. After a while, they reattached. As an
additional form of punishment, Esther was occasionally forced to sleep naked in the basement of
their Indiana home. It was uncomfortable and very cold in the winter. One of Esther’s earliest
memories was of a time when Evangeline tied her to a high chair and threw her down the stairs. She
recalled tumbling down two flights of stairs and landing in the basement. Evangeline left her there.
No scars resulted from this event, but Esther recalled being “banged up, black and blue” for a while.

Next, Esther testified as to the treatment she received from Evangeline Combs while the
Combs family lived in Clearwater, Florida. Esther first pointed to the photograph of a scar on her
middle finger. According to Esther, this scar was produced when Evangeline placed her hand on the
counter and then hammered this finger until it “busted open.” Another time, Esther was whipped
with a rope because the baby sitter had taught her how to write her name. On yet another occasion,
Evangeline whipped the bottom of Esther’s feet with an electrical cord because she believed Esther
had been kicking the curtains. Other punishments inflicted upon her while in Florida included denial
of food and additional instances of skin removal with the needle-nosed pliers.

Regarding the abuse Esther suffered while the Combs family traveled from state to state in
the trailer home, Esther testified first that Evangeline burned her legs because the baby, Sarah
Combs, had a diaper rash. Because it was Esther’s job to change Sarah’s diapers, Evangeline viewed
Sarah’s rash as proof of Esther’s negligence. Wanting to demonstrate to Esther how a diaper rash
felt, Evangeline burnt the inside of both of her thighs with a curling iron. The wounds were very
painful, and it was difficult for Esther to walk afterward. Evangeline also beat the inside of Esther’s
thighs with a shower brush to make boils. First, she would use water to wet the brush and the inside
of Esther’s thighs. Next she beat the skin until it made boils, and then beat the boils until they broke
open and started bleeding.

Next, Esther testified about the wounds and abuse Evangeline inflicted upon Esther while
the family lived in Tennessee. She claimed that one of her arm scars resulted from an incident
occurring on Jimmy Combs’ birthday. Evangeline was angry because the kitchen was not clean, so
she threw a spice bottle through the window and it broke. Evangeline instructed Esther to clean it
up, and Esther thought she complied, but she had missed one rather large piece of glass. To show
Esther what might have happened if one of the younger children had happened upon it, Evangeline
took Esther’s arm and cut it open with the piece of glass. The bleeding was heavy. To stop it,

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Evangeline ran Esther’s arm under water. When this did not stop the bleeding, she stuffed paper
towels into the wound and wrapped bandages around it. One day, after the injured area began to
heal, Evangeline flew into a rage for some reason, grabbed Esther’s arm, and “tore” the wound open
again. The bleeding was profuse. Esther received no medical treatment for either injury.

Another Tennessee incident occurred shortly after Jimmy Combs’ birthday. Esther was
caught looking at a watch that Jimmy had received as a present. To teach her that she must never
touch another person’s property, Evangeline burned Esther’s arm in two places with a curling iron.
On a different occasion, Evangeline beat Esther “all day long” with a water hose for falling asleep
in church, and then shook Esther by her hair until it began to fall out. A photograph which revealed
numerous scars on Esther’s buttocks was presented in court. Esther testified that one of the scars
was caused when Evangeline burned her with the top of an iron because she allowed the spaghetti
to burn. A scar on her shoulder resulted from being struck by Evangeline with a claw hammer, and
additional scars around her mouth and chin were the result of being whipped in that area or having
objects thrown at her by Evangeline. Esther claimed that Evangeline gave her numerous black eyes
during their stay in Tennessee and generally whipped her at least once per day with a coiled metal
cord. When the black eyes were severe, the Combses did not allow her to attend church.

When the State’s evidence regarding Defendant Evangeline Combs had been concluded, the
trial court reemphasized that the evidence must be considered as to her guilt alone. The court then
gave the jury limiting instructions, similar to the instructions previously given for Evangeline, which
concerned the upcoming proof of “other crimes” allegedly committed by Joseph Combs.

Esther began by testifying that, while the family lived in Florida, Joseph “belted” her after
discovering that the babysitter had taught her how to write her name. Joseph informed her that
“Jesus didn’t learn to read or write until he was 12, and that [she] wasn’t going to either.” On
another day, while the family was living in the trailer, Joseph laid her on her back and whipped her
stomach with a type of “flip-flop” sandal because “he heard something about a pink belly.” He did
not stop until Esther could remain perfectly still without crying. In Tennessee, Joseph beat her with
a water hose for falling asleep during church services. He made her take off her clothes first, to
make sure that “he did not miss any inch of [her] skin.” Esther claimed that, later that afternoon, he
also beat her with a belt but she did not recall the reason for it. Esther next identified a photograph
of a hole in the wall of Joseph’s office. She claimed that the hole was created by her head, when
Joseph repeatedly banged it into the wall. Another time, Joseph became angry because the grocery
store was closing and Esther had not yet completed a list of what the family needed. He kneed her
in the stomach and knocked the wind out of her. As she bent over, he went to knee her in the
stomach a second time but missed. He caught her in the eye instead. She fell backward. Her eye
became black and blue and swelled shut. She wore a patch for a long time, but did not receive
medical treatment. At the conclusion of Esther’s testimony concerning Joseph Combs, the trial court
repeated for the jury the limiting instructions previously given them.

Esther also testified as to what specific facts gave rise to the individual counts in the
presentment against Joseph and Evangeline Combs. Concerning count 2, charging both Defendants

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with committing aggravated assault between June 1, 1996 and September 1, 1996, Esther stated that
the incident occurred because Esther had not finished her chores. Earlier in the day, the Combs
family was barbecuing outside because it was summertime. Then it began to rain. They brought the
grill inside, but Esther had not finished cleaning the dishes or the laundry. As punishment, Joseph
took her into the gymnasium and beat her with a rope. Esther was screaming, but Joseph told her
he would not stop beating her until she stopped screaming. She did not stop. Consequently, he
wrapped the rope around her neck and draped her over his back. She recalled that her feet lifted off
of the floor. Evangeline watched the episode. Eventually, Esther passed out. She woke up later on
the floor.

Counts 7 through 10 charged Evangeline Combs alone with committing separate offenses
of aggravated child abuse. The incident giving rise to count 7 occurred in February 1994. Esther
recalled that the other children were making Valentine cards. Evangeline became angry for some
reason and took Esther to the gymnasium to “beat” her. She began by beating Esther’s backside with
a baseball bat, but Esther turned her body and the bat hit her elbow. Esther claimed that it was very
painful and her elbow swelled up, but she received no medical attention. Instead, her arm was placed
in a sling for what seemed to Esther like months. When church members asked questions about
Esther’s arm, Evangeline told them that she sprained her elbow when she swung two gallons of milk.
Esther testified that she was unable to straighten her arm afterward.

Count 8 stemmed from an offense which was alleged to have occurred in November 1994.
Esther recalled that it took place near Thanksgiving Day. She was cleaning out the refrigerator to
create room for the holiday fare. To prevent Esther from disposing of any edible foodstuffs,
Evangeline wanted to check the spoiled food before Esther threw it away. Quite a bit of food had
gone bad. After a while, Evangeline appeared to find the parade of rotten food tiresome. She threw
a wooden shoe at Esther, hitting her above the eye. The wound bled profusely. Evangeline tried to
stop the bleeding because the wound was “right on [her] face where people could see [her] at
church.” She knew Joseph would be upset by this. Unable to check the bleeding, Evangeline got
a sewing needle and began to stitch the wound closed. Esther was in great pain and would not stop
wiggling around, so Evangeline sat on her while stitching the skin together. Again, Esther received
no medical attention. Upon discovering the injury, Joseph restricted her from attending church until
the wound healed. Later, Evangeline removed the stitches and Esther wore a hairstyle with bangs
to cover the forehead scar.

The incident underlying count 9 was alleged to have occurred in September 1994. Esther
testified that Evangeline was using needle nose pliers to construct a Christmas plaque that day. She
called for Esther. When Esther arrived, Evangeline grabbed the skin on Esther’s hip with a pair of
needle nose pliers. She then pulled and twisted Esther’s skin until a chunk came off. Evangeline
called such wounds “marks of the beast.” Esther was unable to recall anything she had done to
deserve punishment on that occasion.

The offense in count 10 allegedly occurred on a day between September 1995 and November
1995. Esther testified that she had a considerable amount of work to do that day and she was running

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behind schedule. Evangeline asked Esther whether she had completed cleaning the kitchen. Esther
told her “yes,” which was untrue. She had planned to finish cleaning the kitchen at a later time, but
Evangeline checked before she had a chance to do so. As punishment for lying, Evangeline made
Esther drape her body over the kitchen window ledge and beat her with a baseball bat. Esther’s body
kept slipping from the window, however. Evangeline recruited Jimmy and David Combs to hold
Esther in place. The boys held her by the feet and hands while Evangeline beat her with the bat.
Esther claimed that the beating broke her tailbone, and she could barely walk. Joseph Combs gave
Esther four Tylenol and four ibuprofen for the pain, and some vitamin E to speed healing. She
received no medical attention.

Count 11 alleged that Joseph Combs committed aggravated perjury on or about October 3,
1997. Esther testified that she was aware Detective Debbie Richmond-McCauley had filed a lawsuit,
because she was present when the police officer delivered Joseph the subpoena. Evangeline Combs
thought the officer’s knock on the door was a UPS delivery. Esther did not open the door, but she
could see that the caller was a police officer, so Joseph answered the door instead. Esther heard
Joseph say, “She’s not here right now, but I’ll give it to her.” When the officer left, Joseph told
Esther that the subpoena required Esther to show up in court because Detective McCauley wanted
her to have a “legal babysitter” to manage her money and other needs. He said, “I don’t think you
need that, do you?” Esther replied, “No,” because she did not understand what was going on.
Joseph told her not to worry about it, because she would be in another county when the court date
arrived and he would report to the court that she had run away. On the court date, Esther was at
Sonja Meadows’ house. Later, Joseph “was laughing at how he had made a fool out of Ms.
[McCauley] and the judge by saying that [Esther] had run away.” From Sonja Meadows’ house,
Esther went to South Carolina because Joseph thought “things were getting a little too hot.” Later,
she stayed with Roger and Susan Combs in Georgia.

Count 12 charged Joseph Combs with committing aggravated rape in April 1989 (Esther was
under thirteen years of age at this time). Esther testified that Joseph made her perform oral sex on
him on a day near Peter Comb’s birthday, April 25th. The Combs family had since settled in Bristol,
Tennessee, but was still living in the trailer at that time. Esther claimed that Joseph called her into
the bedroom of the trailer, closed the door, sat down on the bed and exposed his penis. He then
placed Esther’s hand upon it and told her that “he knew [she] wanted it.” He made her put her head
down and placed his penis into her mouth. She testified that when Joseph was angry with her, he
made her swallow his ejaculate. He called it “sugar water.”

Counts 13 through 19 charged Joseph Combs with the rape of Esther Combs. Count 13
concerns an incident that occurred on November 16, 1990, Esther’s thirteenth birthday. According
to Esther, Joseph informed her that he wanted some coffee that day. She made the coffee and
brought him a cup. He was sitting in a chair in the foyer at the time. He told her that he wanted to
give her a birthday present and closed the doors to the foyer. Esther was then directed to get down
on her knees and perform oral sex on him. Joseph instructed her “how hard and how fast to pump
it” until he “did it in her mouth.” She was not allowed to wash her mouth out afterward.

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Count 14 charged Joseph Combs with the rape of Esther during the summer of 1995. Esther
testified that the kids were playing outside on the day he committed this particular offense.
Evangeline Combs was also outside and Joseph was inside, standing by the door watching everyone.
Joseph called Esther inside to perform oral sex on him. Esther responded that she could not because
the Bible said that it was wrong. Joseph told her that “it was okay with God because [she] was his
adopted daughter, [not] his biological daughter. And that King David had concubines.” He then
placed his penis into her mouth and made her “do it until he went.” This time, she was allowed to
wash her mouth out afterward.

Count 15 alleged that Joseph Combs committed the crime of rape against Esther on June 16,
1991. The date was Evangeline Combs’ birthday. Evangeline had gone to the park with the other
children. Esther remained behind because she had not yet finished cleaning the kitchen when they
departed. Joseph had been at a meeting, but he came home before the rest of the family returned
from the park. He stood before the kitchen window, where he would be able to observe Evangeline’s
return. He had Esther get underneath the counter to perform oral sex on him. Joseph placed his
penis into her mouth until he “went” and told her she was “special.” She was not allowed to rinse
her mouth out.

Count 16 charged Joseph Combs with raping Esther on November 25, 1993. It was
Thanksgiving Day and dinner was nearly ready. Evangeline Combs was in the kitchen, yelling,
because the dishes were not yet cleaned. She kept sending Esther to the front of the building, where
Joseph was sitting in the dark waiting for her, because every five minutes she had to be beaten for
one reason or another. After a while, he appeared to grow tired of whipping her. Since the family
was busy in the kitchen and he was just sitting in the dark, he made Esther perform oral sex on him.
Again, he placed his penis in her mouth and ejaculated. This time he allowed her to wipe her mouth
with his boxer shorts.

Count 17 alleged that Joseph Combs raped Esther on November 16, 1993. It was Esther’s
sixteenth birthday. Esther did not recall where the rest of the family had gone. Joseph was in the
foyer and called her to come in because he had something he wanted to give her for her birthday.
When she arrived, he closed the door and opened his boxer shorts. (According to Esther, Joseph’s
“normal” attire was boxer shorts.) She performed oral sex on him, and he ejaculated into her mouth,
which she was not allowed to wash out.

The incident giving rise to the rape charge in count 18 occurred on February 14, 1991. The
other Combs children were in the kitchen making Valentine’s Day cards, and Evangeline Combs was
busy doing something in the gymnasium. Esther was clearing a table when Joseph told her that he
wanted some coffee. When she brought it to him, he closed the doors and made her perform oral
sex, in a fashion similar to the other instances.

Count 19 alleged that Joseph Combs committed another rape of Esther. The incident
occurred on February 4, 1992. Joseph was in his office and had spilled a “Coke” under his desk.
He instructed Esther to bring him another drink and also clean up what he had spilled. She

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clambered onto the floor underneath his desk. He grabbed her head and made her perform oral sex
on him as he sat in his chair. Esther was still underneath the desk when Evangeline Combs came
into the room. Evangeline demanded to know what Esther was doing down there. Joseph
“composed” himself and Esther resumed cleaning the floor. Joseph was in his boxers, as usual, and
she was not allowed to clean her mouth afterward.

With regard to her life in general, Esther testified that she had never been allowed to visit
other children or go anywhere or do anything without Evangeline, Joseph, or one or more of her
siblings present. Moreover, no visitors were permitted inside the Combs residence at EBC. Joseph
told her that this was because their home was “a mess.” Esther recalled that various church members
had come by at different times to deliver food, but they were either met at the door and not allowed
in, or the Combs family would not answer the door at all and the visitor would eventually leave the
food on the doorstep. On the occasions that Esther was not allowed to attend church services, she
was ordered to stay in a small room near the men’s bathroom. No one stood guard over her, but
Evangeline placed powder in front of the door. Footprints in the powder would reveal any
disobedience. This area by the bathroom was also where Esther slept the majority of the time. She
was not permitted to sleep with the other children because she reportedly “snored really loud” and
“smelled bad.”

Esther did not have a driver’s license, a Social Security number, or any other standard form
of identification. In addition, she was not able to read or write well. The other children participated
in home-schooling sessions, but Esther was not allowed to join the lessons until her chores were
completed, and this did not happen often. At home, Esther was responsible for the laundry and the
ironing, making the beds, cleaning the dishes and the house, cooking the meals, making the grocery
list, and whatever else needed to be done. (Because she could not read or write, she prepared the
grocery list by copying the letters from near-empty packages of food.) Esther claimed that her
siblings had no responsibilities in the way of chores, and Esther did not go to bed until her chores
were completed, normally between 3:30 and 5:00 a.m. The other members of the family usually
retired between midnight and 1:00 a.m., and they arose anywhere between 9:00 and 11:00 a.m. At
whatever time each member of the Combs family got out of bed, Esther was responsible for
preparing that person’s breakfast. If all seven of them got up at different times, she cooked seven
separate breakfasts.

Esther testified that she had been informed several times by both Defendants over the years
that her “purpose in life” was to act as a “servant” to the Combs family. On those occasions she did
not perform this function properly, she was punished. The “normal position” she assumed when
either Defendant beat or whipped her required her to take off all of her clothes, place her hands on
the back of a chair, and bend over.

Esther testified that on February 17, 1997, the day prior to her hospitalization at the Medical
Center, she did not make the coffee “right.” When this occurred, the coffee was thrown in her face
and she was beaten. This particular day was no different. Esther decided she “couldn’t take it
anymore” and “wanted to die.” In the early hours of February 18, 1997, she filled a 24-ounce

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styrofoam cup with antifreeze, drank it, brushed her teeth, and then went to bed. When she awoke,
she was in a bed at the Medical Center. When the prosecutor asked Esther why she failed to report
the many incidents of abuse to any medical personnel or the police officers she had encountered
during her stay at the hospital, Esther replied that she was “scared.” She had previously run away
twice, but she was returned to the Combs both times and severely punished afterward. (Esther was
unable to recall the dates that she ran away.) Consequently, Esther believed the same thing would
happen again. Esther testified that there was no one outside of the Combs’ household to whom she
could turn for help. She recalled someone mentioning “protective custody” while she was in the
hospital, but she did not comprehend what that meant. Approximately one year later, while living
in Georgia with her aunt and uncle, Susan and Roger Combs, Esther decided to telephone Detective
McCauley and report what the Defendants had done to her.

Esther’s first runaway experience involved Officer Vic Jordan, with the Bristol, Virginia
Police Department. Officer Jordan testified that on November 5, 1992, he was summoned to an
“Abco” store because a female had reportedly locked herself in the bathroom and refused to come
out. Officer Jordan arrived at the scene and beat on the door. Someone inside the bathroom
unlocked it. When Jordan entered, he observed a young female standing in the corner, “kind of
“cowed down” and “real timid.” The female was later identified as Esther Combs. Jordan
transported her to the police department, where she was subsequently picked up by Joseph Combs.
During cross-examination, Officer Jordan read his official report of the incident which stated: “--Vic
Jordan, talked with Esther who said that she had a misunderstanding with her parents, and that’s why
she left home.” Officer Jordan confirmed that the report was an accurate statement of what Esther
had said to him.

Esther’s second runaway incident was reported to the police department by Joseph Combs
on September 29, 1996. It was a Sunday. When Detective Jerry Smeltzer arrived at the Emanuel
Baptist Church to investigate, Joseph told him that Esther had disappeared from the church nursery
during the evening church service. In the nursery, Smeltzer observed a large rocking chair laying
on its side, items from a lady’s handbag strewn about, and two large “gobs” of human hair, one on
a table and the other on the floor near the door. Smeltzer testified that Esther was located in Carter
County at 4:30 a.m. the next morning and returned home. Smeltzer telephoned the church the next
day. A male voice answered. Smeltzer asked to speak with Esther but the man said that this was
not possible. He made two more attempts with similar fruitless results.

The State presented numerous witnesses to testify regarding their contact with the Combs
family and what they had observed concerning the family’s treatment of Esther. In this vein,
Gayland M. Oaks, II, testified that he had known the Combs family for twelve years. He met Joseph
Combs in 1981 at Hyles-Anderson College, where Joseph was “a Bible teacher.” Gayland was one
of his students at the time. Gayland graduated in 1985 and moved to Ohio. Some time later,
Gayland called Joseph (who was living in Florida) to invite him to teach a seminar on family life in
Ohio. Instead, Joseph asked Gayland to serve as his associate pastor in Florida. Gayland accepted.
In Florida, Gayland was responsible for building a music ministry and increasing church attendance,
among other things. His wife, Malinda, babysat the Combs children one day per week from July

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through October 1987, when Malinda became pregnant and Gayland assumed her babysitting
responsibilities. Joseph informed Gayland that only a very few people were permitted to interact
with the Combs children. Thus, he should consider it a “great honor” to be selected.

Gayland watched over the Combs children each Thursday beginning in November 1987, until
May 1988. He arrived at approximately 8:00 a.m. and stayed until somewhere between 8:00 and
10:00 p.m. Joseph told Gayland that he was only responsible for supervising the children, nothing
more, because “Esther would take care of the food, the babies, the diapers, everything.” Gayland
testified that Esther was nine years old at the time and took care of the babies “exceptionally well.”
She brought them their bottles, changed their diapers, and prepared food for all of the other children;
she made “whatever they asked for, whenever they asked for it.” Rarely did the children eat together
or at one time, and they seldom went outdoors during the day. Joseph said that he did not want the
authorities to learn that the children were not enrolled in school.

Gayland also testified that Evangeline and Joseph Combs treated Esther differently from the
other children. Joseph had informed Gayland that Esther Combs’ “purpose in life was to be a servant
. . . that was what God had created her to be.” Consequently, the Combs were training her to do that.
When Joseph and Evangeline returned home on the nights that Gayland babysat, they asked him for
a report of the childrens’ behavior. On those occasions that Gayland reported a child other than
Esther had committed some indiscretion, the Combs would instead punish Esther or send her to the
office. According to Joseph, the office was where the spankings took place. Joseph informed
Gayland that “it was necessary to spank a child through their rebellion . . . [which] meant to spank
them until they stopped resisting you, stopped struggling against you, stopped crying.”

Regarding Esther’s appearance, Gayland testified that she was “very frail, weak, [and]
appeared sickly.” He noticed a scar on her upper lip and another on her hand. She always wore long
dresses which covered most of her body, her arms, and all of her legs. The dresses were often too
big for her. She wore her hair long, with bangs which covered most of her forehead. Her teeth were
“very bad, the worst [he] had ever seen, protruding out of her mouth and in deplorable condition.”
Joseph did not specifically explain to Gayland how Esther had received any of her injuries. He said
only that Esther was “clumsy” and “fell a lot.” Gayland testified that he never personally saw her
act clumsily or fall down, however. In addition, Esther was “the most cooperative and amiable and
pleasant of the children . . . . [I]t was not necessary to ask her to do anything. She did it without
asking.” She was not disobedient to Gayland and, at church, she appeared to obey her parents also.
Gayland never saw Esther playing rough with the other children or injure herself, and he never saw
her apart from the other members of her family. In May 1988, Gayland and his wife returned to
Ohio, after which they had no further contact with the Combs family.

Malinda Oaks, wife of Gayland Oaks, also testified that she had performed babysitting duties
for the Combs family. During one such occasion, Malinda discovered that Esther was unable to
write her name. She was nine years old at the time. Malinda taught Esther to write her name and
also gave her instruction on the alphabet. When Evangeline and Joseph returned home that evening,
Esther showed them what she had written. She was “excited” about her accomplishment, but the

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Combs appeared displeased and sent her to “the office.” When asked to describe Esther’s
appearance, Malinda replied that Esther had scars around her mouth and a broken tooth. Malinda
also reported that she had never noticed Esther to be clumsy, fall frequently, or injure herself.

Kelly Rose Wood testified that she also babysat for the Combs family while they lived in
Florida. It was during the fall of 1986, and Sarah Combs had just been born. One evening, she
observed that Esther had kicked the covers off while sleeping. Wood then noticed that the back of
Esther’s legs were “very, very scarred.” They had “stripes all over the back of them; some old, some
new, some very fresh, just scar upon scar upon scar . . . .” Wood observed that the back of Cindy
Combs’ legs were also visible, and they did not have a single mark on them. Another time, Wood
noted a gouge wound on Esther’s chest. It was a “fresh wound.” Wood also testified that Esther did
not appear to be clumsy and she did not behave in a rebellious manner. Instead, Esther was “very
quiet” and “meek.” She was a small, thin child, and the clothing she wore was very loose, baggy,
and long, so that you did not see much of her. Wood claimed that Mr. and Mrs. Combs treated
Esther very differently from the other children, but she did not elaborate further.

Andy Steven Arnold testified that he knew the Combs family. He regularly attended Sunday
and Wednesday services at EBC from the early months of 1992 until the fall of 1993. Arnold
testified that Esther always wore long dresses with long sleeves and that she did not interact with
other adults or the other children at the church. Instead, Esther was “very withdrawn” and “kept to
herself.” When Arnold attempted to talk to her, she would not make eye contact with him, and she
only spoke when asked a direct question. Evangeline was always nearby. Arnold claimed that
“[Esther] was just never really out of Mrs. Combs’ sight.” On two separate occasions, Arnold
observed that Esther was injured. The first time, her arm was wrapped in gauze and supported by
a sling. The second occasion Esther showed up for church with black eyes and bruises on her face.
Joseph Combs said that Esther “was clumsy, fell down, things of that nature.” Evangeline Combs
gave similar explanations. Esther missed more church services than the other children. The Combs
family usually said that she was “sick.” Arnold also testified that he delivered food to the Combs
family several times, but he was never allowed into their home. Instead, he was instructed to set the
food on a concrete slab at the door of the fellowship hall, knock, and then leave the premises.

Betty Atkinson testified that she played piano during the church services at EBC, beginning
in July 1994. Atkinson also testified that Esther wore long-sleeved clothing and rarely interacted
with anyone outside of the Combs family. Atkinson confirmed that Evangeline Combs was usually
by Esther’s side and that Esther appeared subdued, obedient, and avoided eye contact when spoken
to. As far as Atkinson could tell, Esther was not clumsy and she did not fall a lot. Evangeline
informed Atkinson that Esther loved to serve and this was her life’s purpose, but Esther was
“rebellious.” Atkinson never saw any indication of this, however. To her, Esther appeared “very
sweet . . . [and] obedient to her parents.”

David Lamar Wright attended EBC from 1982 until January 1994. Wright testified that he
became acquainted with the Combs family, including Esther, during this time. He said that Joseph
Combs had characterized Esther as a “rebellious child.”

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Esther Owens, a member of EBC from 1990 to 1993, testified that Esther did not interact
with other members of the church and that she did not recall ever seeing Esther without Evangeline
close by. According to Owens, Esther regularly missed church services. On some of those
occasions, Joseph Combs gave the congregation reasons for her absence, e.g., she had an accident
with her bicycle, lifted a jug of milk, et cetera. Esther looked “[r]eally, really skinny and real bad”
when Owens knew her, and she always wore long dresses with long sleeves. Joseph asked Owens
to bring food to the family on a few occasions, and he always instructed her to leave it on the porch.
He said that someone would come out and pick it up later.

Similar testimony was given by numerous other members of EBS. Leona Dickens, Mary
Johnson, and Donna Sue Hensley attended EBS for forty-four years, forty-five years, and two years,
respectively. Dickens, Johnson and Hensley testified that they observed the Combs family during
church services, and all three noted obvious injuries to various parts of Esther’s body, including her
arm, eyes, and forehead. The three witnesses were also given various explanations by Joseph and/or
Evangeline as to how the injuries were sustained, e.g., Esther was clumsy and fell often. None of
these witnesses had ever observed Esther fall or behave clumsily, however. The witnesses
corroborated the testimony of previous witnesses concerning Esther’s style of dress (long length/long
sleeves) and demeanor. Specifically, they claimed that Esther was different from the other Combs
children in that she appeared frightened, quiet, and generally did not interact with others or make eye
contact during conversation. Johnson testified that instead of playing with other children, Esther
worked. The other Combs children always played. Johnson never saw them do any work. Hensley
similarly testified that the Combs children, save Esther, were allowed to do “pretty much whatever
they wanted.” Esther was responsible for taking care of young Sarah Combs and, whenever the
Combs family attended a social gathering, Esther served the other members of the family their meals.
On the matter of delivering food to the Combs residence, Hensley testified that she performed this
service on more than one occasion, but was never once allowed into the Combs home. Ordinarily,
she would knock on the door and no one answered. After a few minutes, she put the food down and
left. The last time she delivered food, she knocked, left the food, and then drove around the building.
By the time she returned to the door, the food had disappeared.

Dr. Mona Gretel Harlan, a forensic pathologist, testified that she examined Esther on April
4, 1999, at the prosecutor’s request. Her examination revealed the following: The scars on the inside
of Esther’s thighs were consistent with burn wounds. The scars on Esther’s forehead were not
significant in number, but they were layered, some as many as three layers thick, indicating that some
of the newer injuries were inflicted upon existing scars. The broad scar on Esther’s forearm was
consistent with a deep wound which, for some reason, did not heal properly due to reinjury or
infection. When asked whether the cause of the scars could have been accidental trauma, Dr. Harlan
testified affirmatively with regard to Esther’s forehead scars, especially if the injuries occurred when
she was a young child. She said that children have large, heavy heads. Thus, they are prone to tip
over when moving in a forward direction. By contrast, the wounds on Esther’s back, thighs, and
buttocks were not consistent with either self-inflicted or accidentally-caused injuries. In her
summation, Dr. Harlan reported that the majority of Esther’s scars were the result of non-accidental
and non-self-inflicted trauma.

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Dr. Harlan also testified that she was unable to date the causative injuries. However, none
of the observed scars were red at the time of the exam. In other words, the scars had all healed as
much as was possible and none of them appeared to be the result of an injury sustained within the
past year. A careful and thorough count of the scars on Esther’s body revealed 410 discrete scars.
Dr. Harlan stated that during her 25 years of practice, she had never before seen so many individual
scars on one person’s body.

Dr. Henry Nichols testified that he evaluated Esther’s dental condition on May 11, 1998, and,
at that time, her front teeth were “grossly displaced” or “bucktooth exaggerated.” In Dr. Nichols’
opinion, the only reasonable cause of the displacement would be some sort of “traumatic episode,”
i.e., a blow, fall, concussion, or other sort of abrupt physical force contact with the tissue. The
prosecutor asked Dr. Nichols if he could state, within a reasonable degree of medical certainty,
whether the condition of Esther’s front teeth was consistent with complete displacement, followed
by reinsertion of the teeth into the gums. Dr. Nichols responded affirmatively, stating that tooth
displacement to the degree present in Esther’s mouth “just doesn’t occur in nature.” Dr. Nichols
stated that in his twenty years of practice, he had never observed an arrangement of teeth similar to
Esther’s. Moreover, the shape of Esther’s dental arch was not the typical “U” shape, but “terribly
distorted.” The blunted appearance of the roots of Esther’s upper front teeth and the condition of
her lower jaw revealed further evidence of trauma: the top half of one of her lower incisors was
missing and a cyst had formed on the root, without any sign of decay (the typical cause). With the
permission and assistance of Esther’s natural parents, Bill and Rachel Whetstone (formerly Rachel
Garcia), Dr. Nichols treated Esther’s conditions and replaced her two upper front teeth with a
permanent bridge.

Dr. Glenda Jo Fox Ramsey, a radiologist, testified that she evaluated x-rays of Esther’s left
elbow and, in her opinion, the elbow appeared “abnormal.” Specifically, the distal humerus, a
portion of the long bone at the elbow, had not grown properly. The x-ray showed a healed fracture,
caused by some sort of “trauma” (defined by Dr. Ramsey as “an injury, a blow to the bone that’s not
a normal degree of stress”). She further testified that the appearance of the bone indicated an injury
“consistent with being struck by an object such as a [baseball] bat” or the result of a fall. The injury
was not consistent with the action of swinging a gallon milk jug. Dr. Ramsey also testified that x-
rays of Esther’s sacrum (“tailbone”) revealed an abnormal “acute” curvature of the bone, as if it were
“collapsed inward.” Finally, she testified that Esther’s “bone age” was “delayed” by at least three
years, i.e., the development of her bones was significantly slower than her chronological age,
reporting that such “[a] delay in bone age is a common manifestation of malnutrition.”

At the conclusion of the above testimony, the State rested its case. Thereafter, Samuel
Johnson, an acquaintance of Defendant Joseph Combs, testified that he met Joseph at the Hyles-
Anderson Bible College in 1983. Johnson saw him again in Florida in 1986. At that time, Joseph
was starting the Tampa Bay Baptist Church. Johnson became a member and saw the Combs children
regularly (three to five times per week) for the following two-and-one-half years. In addition,
Johnson had stayed as a guest in the Combs’ home for two weeks while he was seeking employment.
Johnson testified that their home was “very normal,” clean, and organized.

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Aaron P. Welch, pastor of the Charles Towne Baptist Temple in South Carolina, testified that
he met Joseph Combs in 1979. Welch was a student of Joseph’s at Hyles-Anderson Bible College
and graduated in 1982. In 1986, he saw Defendant again. Joseph was preparing to move to Florida
at the time. In 1987, Welch arranged to have Joseph come to his church in South Carolina and
preach for him. Thereafter, Welch scheduled Joseph to preach on a regular basis, sometimes as
much as twice a year. When this happened, Joseph stayed for five to six days and brought his family
with him. Welch found the Combs children, including Esther, to be “quiet, well-mannered kids”
who “always dressed very neat.” He described Esther as “real sweet” and “quiet.”

Joseph Henry Esposito, a pastor at Pacific Baptist Church in Long Beach, California, testified
that Joseph Combs was one of his professors at Hyles-Anderson Bible College. In 1986, Esposito
left the college and moved with his wife to Clearwater, Florida, where he worked for one year as an
assistant pastor to Joseph at the Tampa Bay Baptist Church. When he and his wife first arrived, they
were invited to live in the Combs’ home for two weeks until they found a place of their own.
Esposito saw the Combs children often and his wife babysat occasionally. Esposito claimed that the
Combs’ home was “beautiful” and the kids were all “normal, happy children.” During cross-
examination, Esposito testified that he had observed no scars or marks on Esther’s body while in
Florida. He did recall a possible chip in one of her front teeth, however. When asked whether Esther
was ever rebellious, clumsy, or troublesome, Esposito replied negatively. Esposito’s wife, Mary
Jane, also gave testimony which essentially echoed her husband’s statements.

Thomas Edward Boyle testified that he attended Hyles-Anderson Bible College from 1981
to 1984. Joseph Combs was one of his professors. In the fall of 1986, Boyle and his family moved
to Clearwater, Florida, and joined the church that Defendant was pastoring. During the next two
years, Boyle encountered Joseph and his family during church services on Sundays and Wednesdays.
Boyle and his family also visited the Combs several times at their home, which he described as
“clean.” During cross-examination, Boyle said that he noticed Esther’s front teeth were crooked,
and he did not observe any evidence of injuries or clumsy behavior.

Trent Pollack testified that he met Joseph Combs while attending Hyles-Anderson Bible
College. In 1986 or 1987, Pollack and a few other people moved to Florida to start a church.
Pollack was to be the music director, and he lived with the Combs family for approximately one
month upon his arrival. The Combs’ home served as a place for meetings and the headquarters for
the new church. Pollack testified that everyone pitched in to keep the house clean. While in the
Combs home, Pollack did not observe any of the children being singled out for preferential
treatment. He testified that Esther participated in the home schooling process, along with the rest
of the Combs children. During cross-examination, Pollack said that he observed scars on Esther’s
hands and that he had asked Joseph Combs about them. Joseph informed him that Esther had placed
her hands into scalding water and that she appeared to have a high tolerance for pain.

Jeffrey Arnold Coester, a pastor and part-time clothing salesman in Illinois, testified that he
met the Combs family when he visited Bristol, Tennessee, in 1995. Coester testified that the
children, including Esther, were playing sports (basketball and baseball) at the time. According to

-22-
Coester, Esther was dressed “cool and comfortable,” the same as the other children. He also reported
that the other children did not behave differently toward her, and Esther was not asked to run errands
for them. Coester came to Bristol because he was considering joining Joseph Combs’ ministry.
Consequently, he wanted to learn something about the Combs family and spoke with each child
individually for approximately ten minutes. According to Coester, Esther was “very comfortable”
with him, “a little bit shy, but never withdrawn.” During cross-examination, Coester testified that
he had observed scars only on Esther’s face and that he was concerned about the condition of
Esther’s teeth. Coester said that he did not move to Bristol or take the job at EBC, but he gave no
reason for this decision.

Ruby Rhotenberry, a regularly-attending member of EBC from 1967 to 1998, testified that
she saw the Combs children at church services approximately three times a week. Rhotenberry said
that the family, including Esther, appeared “very friendly, happy, always laughing, talking, friendly.”
Rhotenberry claimed that she had “very few” private conversations with Esther, but, when she did,
Esther never reported having been mistreated or sexually abused by either Defendant. During the
trial, Rhotenberry identified eighteen photographs that she personally took of the Combs family on
various occasions. Most of the pictures showed family gatherings, with the majority of the family
present. Our review of this evidence reveals the following: Esther was smiling in all of the
photographs, and at least ten of the pictures show Esther wearing clothes with short sleeves. Her left
elbow and arm appears abnormal and thin. Scarring is apparent on at least one arm in two
photographs, and her front teeth are grossly malaligned. During cross-examination, Rhotenberry
testified that Esther was a thin, frail, well-behaved girl, who was never rebellious or clumsy in her
presence.

Pauline Melvin testified that she was a member of EBC from 1981 until it closed in 1998.
Melvin met the Combs family when they came to the church in 1989, and she usually sat with the
Combs children during church services. Melvin reported that all of the children were “nice” and
“happy” and gave her hugs when they met. During cross-examination, Melvin testified that Esther
was thin, well-behaved, and obedient. In addition, Esther did not fall down frequently or appear
clumsy. Melvin also admitted that she was “not really close” to Esther and that she never saw much
of Esther’s skin exposed, since she usually wore long dresses.

Elizabeth Huff and her husband, Dickie Lee Huff, started attending EBC in 1996. At trial,
Elizabeth testified that she observed the Combs children, including Esther, during church services
and that they were “all friendly” and “gave us a hug on Sunday.” In 1997, the Huffs attended a
dinner function with the Combs family. Esther appeared to be “just fine,” an obedient child, and not
rebellious. Elizabeth acknowledged that she saw Esther only on Sundays. Dickie Lee Huff testified
that the Combs children, including Esther, appeared to be “very happy.” During cross-examination,
Dickie Lee admitted that he also had very little contact with the Combs family, except on Sunday.
Dickie Lee also testified that Esther was thin and wore baggy clothing, but he claimed that she
looked no different from the other Combs children. He never observed Esther falling down or being
clumsy, and he had not observed any scars on her face or body. Dickie Lee admitted that he paid the
bond for Joseph Combs in this case.

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Hilda Jane Combs, Joseph Combs’ mother, testified that prior to 1989, she only saw her son
and his family once or twice a year. After Joseph became the pastor at EBC, she saw the Combs
family more frequently, at least three times a week (at church services) and during visits. Mrs.
Combs testified that all the children seemed “happy,” and Esther “was always smiling.” Mrs. Combs
said that the children “got along fine” and played together, but Esther was a “rough little girl” and
liked to wrestle with the boys. Mrs. Combs further claimed that Esther had a temper and, “if she felt
something wasn’t right, she’d tell you.” Consequently, Mrs. Combs professed confusion as to why
Esther would not tell her if something was wrong. Mrs. Combs was unaware that anything was
amiss until Esther left town. Later, Esther told her that she left because she was afraid of Debbie
Richmond [McCauley] and that she would be placed in an “insane asylum.”

Mrs. Combs testified that Father’s Day 1991 (the day Joseph allegedly committed the rape
in count 15) was special because it fell on Evangeline’s birthday. Mrs. Combs said that the family
gathered at Mrs. Combs’ house for fried chicken after church that day and stayed until the time came
to leave for the evening church service at 6:00 p.m. Mrs. Combs also testified that on Thanksgiving
Day 1993 (the day the rape in count 16 was allegedly committed), the Combs family spent the day
at her house and stayed until 11:00 p.m. During cross-examination, Mrs. Combs claimed to have
no knowledge of any scars on Esther’s body. When asked whether Esther “helped her family out,”
Mrs. Combs replied that she “played too much” to be helpful. Mrs. Combs described Esther as a
smiling, cheerful, obedient child who was always running from place to place, talking to people and
keeping busy.

The other five Combs children, James, David, Cindy, Peter, and Sarah Combs, also testified.
James Jack Combs, the oldest, was the only child legally adopted by the Combs. (David, Cindy,
Peter and Sarah were the Combs’ natural children). At the time of trial, James was twenty-two years
old. James testified that during the time the Combs family lived in the fellowship hall of EBC, an
average day for the household began at approximately 6:00 a.m. on weekdays. On the weekends,
they started their day a little later. James claimed that he did not eat breakfast every morning but
when he did, he fixed it himself or Peter helped him. Esther never prepared his breakfast. Further,
as each Combs child finished the morning meal, that child then carried his or her own dishes to the
kitchen, where Peter, Cindy, Sarah and Esther would rinse them and place them in the dishwasher.
After the children had finished breakfast and dressed, their studies began. Evangeline and Joseph
Combs typically instructed the children for four to five hours. All the children, including Esther,
participated in the instruction. According to James, Esther was able to read and write. He had
previously observed her reading to Peter, writing in the kitchen, and performing mathematical
calculations.

At lunchtime, each of the Combs children usually made his or her own lunch. Each child was
also responsible for performing certain chores around the home. James cared for the dogs and cats.
Esther was responsible for making her own bed and picking up her clothes. She also helped prepare
dinner and clear the table afterward. The job of making a grocery list was assigned to no one in
particular. When someone in the family believed something was needed, the person wrote the name
of the item on a piece of paper attached to the refrigerator. James claimed that Esther did not have

-24-
more chores than the rest of the family, and she did not stay up until 3:00 a.m. to complete the chores
she did have. As far as James knew, no member of the family ever treated Esther as a servant or
believed that she had been born to such a station.

James testified that after the schoolwork and chores were completed, the children were
normally allowed to watch television and movies or play video games. The children were also given
access to computers for using the Internet, playing games, and doing homework. Esther participated
in all of these activities. The family had a telephone, and Esther used that too. The Combs children
recreated together outdoors. They often rode bikes or played basketball, baseball, or Frisbee in the
church parking lot or DeFriece Park, which was located approximately one block away. Esther had
her own bike. The children also went shopping at the mall, out to eat, and to the movies together.
Sometimes their parents or another adult would accompany them on these outings, and sometimes
they went without adult supervision.

James testified that the Combs family ate their evening meal together and that various
members of the family took turns preparing this meal. Esther was not required to complete her
chores or serve everyone at the table before she ate, and she was given the same food as the rest of
the family. At the conclusion of the evening meal, each member of the family brought his or her
own dishes to the kitchen where Peter, Sarah, Cindy, and Esther rinsed them and placed them in the
dishwasher. Evangeline Combs did the family’s laundry and James assisted her. Esther’s chores
did not involve the laundry. When bedtime arrived, the children all slept together in the fellowship
hall, Esther included. James never saw Esther sleeping naked or in a room near the showers. That
room was used to store musical equipment: speakers, amplifiers, keyboard, et cetera.

According to James, punishment of the Combs children usually took the form of some type
of restriction, either of their liberty (“grounding”) or one of their privileges (watching television, et
cetera). Esther’s situation was no different. She was not beaten, whipped, or starved. James did see
Esther suffer injuries, however. On one occasion, he saw Esther get hit in the face with a plastic bat
because she stood on the wrong side of the plate during a baseball game. This resulted in a black
eye and her face was red for a while. Another time, he saw her slip on a base and scrape her knees
on the asphalt parking lot. Yet another injury occurred while the children were assisting their parents
with bringing in the groceries. Esther had been warned not to carry more than one gallon of milk
at a time, but she did not listen. She was carrying two gallons of milk, and the door started to close
on her. In an effort to catch it, she swung the gallons and twisted her arm. Evangeline Combs put
ice on the arm and placed it in a sling. James testified that the rope burn on Esther’s neck was
caused by Esther herself. Esther had placed a rope around her neck to pull a wagon with her friend
in it up and down a steep hill. Her neck became red and Evangeline told her to stop. She did not.
Eventually, she cut her neck. James also claimed that he never saw Esther naked, and he never heard
Esther or anyone else claim that she had been injured, beaten, or molested by either parent. Joseph
Combs’ attorney asked James whether he had witnessed the specific incidents which gave rise to the
charges against the Defendants. In each case, James replied negatively.

-25-
With regard to Esther’s attire, James claimed that no one instructed her how to dress.
Because Esther had a smaller frame than Cindy Combs, she wore Cindy’s hand-me-down dresses.
During church services, Esther would either sit with the family or work in the nursery with other
female church members. The nursery had a door to the outside, whereby one could leave without
passing through the sanctuary. James claimed that he was home but not awake when the family
discovered Esther ill in the bathroom in February 1997. He recalled that she had seemed “normal”
the prior day. James and the rest of the family visited Esther in the hospital at every opportunity.
She was “really, really happy” to see Evangeline and Joseph, and she also appeared “happy” to go
home afterward.

During cross-examination, James testified that he received his driver’s license on the 26th
or 27th of September 1997. He also claimed that, prior to receiving his driver’s license, he did not
drive any vehicle on any public road with one exception: the day he drove a car which he was
considering purchasing. Once licensed, James drove the other Combs children, including Esther,
to the mall and other places. He testified that this happened “on many occasions” before Esther left
town on October 3, 1997.

Joseph David Combs, Jr., commonly known as “David” Combs, was twenty-one years old
at the time of trial and the third oldest child in the Combs family (Esther being the second oldest).
David’s testimony at trial essentially paralleled that of James in all material aspects: David claimed
that Esther slept in the fellowship hall, along with the rest of the children, and that she did not sleep
naked. David also testified that after the Combs children arose at approximately 6:00 a.m., they
fixed their own breakfasts and “the girls” (Esther, Cindy, and Sarah) cleaned up. The children were
home-schooled, every day, from approximately 7:30 a.m. until after noon and Esther regularly
participated. At lunchtime, their mother, Evangeline, fixed sandwiches. Esther and Cindy usually
assisted her. David stated that the evening meal was a “special” time, which Joseph liked the family
to spend together. This meal was usually prepared by Evangeline alone, and the girls cleaned up.

With regard to chores, David testified that each child was assigned individual tasks to
perform. David was responsible for taking out the trash and vacuuming. Esther made her own bed
and helped with the cooking. She did not have more chores to do than the other children, and David
never heard anyone say that Esther’s “purpose” in life was to be a servant. During the children’s
leisure time, Esther enjoyed playing video games and watching television. Most frequently, the
children played basketball, baseball, and rode bikes. Esther joined them frequently, but she played
“rough.” On Friday and Saturday nights, the children frequently went to the mall. Esther went with
them “every time.” David said that they were unaccompanied by their parents on these trips, and
James drove.

According to David, punishment usually involved “grounding.” Occasionally, David was
spanked instead or required to write “stuff” on the chalkboard. David claimed that Esther was not
punished more severely than the other children, and she was not whipped. David recalled four
injuries suffered by Esther while they lived at EBC. The first was a burn that occurred in 1994. The
children had been discussing a story they heard on the news about a child who had seriously burned

-26-
his hand on a stove. Esther told them that a stove would not burn if the hand was removed quickly
enough. As a demonstration, she placed her hand on the stove and burned it. The second injury
resulted from a mishap with her bicycle in 1996. She stepped on the brakes too hard, slid off of the
seat, and landed on the center bar. (She was riding a boy’s bicycle.) The third injury also occurred
in 1996. The children needed keys which were locked inside of Joseph’s office. They tried to break
in through the ceiling, and Esther fell through it. She hit her head on the bookcase and again on the
floor when she landed. The fourth injury came about when David accidentally gave Esther a black
and blue eye with his elbow while playing.

David testified that he had never seen Esther without clothes on and she never complained
of being molested by anyone. Similarly to James, David was asked whether he had witnessed many
of the individual incidents which gave rise to the charges against the Defendants. In each case,
David also replied negatively. Regarding Esther’s style of dress, David implied that long dresses and
sleeves must have been Esther’s choice, since the children were not told what to wear. David also
said that the Combs had three different telephones in their home, and he saw Esther use them. She
also used the computers and had friends with whom she communicated via the Internet. David
claimed to have a “good relationship” with Esther.

David testified that Esther appeared to be “fine” on the day before she was hospitalized. The
next morning, however, one of the other siblings woke him up to come to the bathroom. There he
discovered Esther “sitting on the commode and beating her head against the wall.” He picked her
up, laid her on her bed, and sent one of the other children to inform the Defendants. Later, David
moved her out to the van because the rescue people had not arrived. He estimated that they had been
waiting approximately thirty minutes, and Esther had already stopped breathing three times.
Therefore, the Combs were preparing to drive her to the hospital themselves. He also claimed that
Esther seemed “happy” to return home from the hospital.

During cross-examination, David claimed that James drove the Combs children, including
Esther, to the mall on twenty-five or thirty occasions. When asked how many times the Combs
children were allowed to have friends over to spend the night in the EBC fellowship hall with them,
David replied that this never happened. David also testified that on March 24, 1997, the day the
police and fire department were banging on the fellowship hall doors, he did not hear anything.
When the police and firemen finally entered, the time was 11:00 a.m. and it was a Monday. The
children were all still in their bedclothes and lying around, however, because everyone was ill that
day.

Cindy Combs was twenty years old at the time of trial and the fourth oldest child in the
Combs family. With regard to the children’s sleeping arrangements, preparation of meals, chore
assignments, punishment, and Esther’s frequent participation in home-schooling and playtime, her
testimony essentially mirrored that of her older brothers, James and David. She also testified that
she had never seen Esther without clothes and that she had no knowledge regarding any abuse or
molestation of Esther. With regard to Esther’s injuries, Cindy corroborated David’s testimony that
he accidentally elbowed Esther in the eye while playing. Another time, Cindy saw Esther get hit on

-27-
the forehead with a bat during a baseball game. Cindy was also specifically asked whether she had
witnessed the specific incidents which gave rise to the individual counts against the Defendants. She
replied negatively to all questions.

Cindy testified that on the evening of February 17, 1997 (the day before Esther was taken to
the hospital), she and David, Esther, Peter, and Sarah all began to feel sick and went to bed.
Sometime later, Cindy woke up and saw Esther running in the direction of the bathroom. Cindy ran
after her. She found Esther in the bathroom with the door shut. A few minutes later, she heard a
banging sound. Cindy woke up Peter first. Later, they woke up David, who removed Esther from
the bathroom. Cindy dialed 911. While they were waiting for emergency medical personnel to
arrive, Esther stopped breathing a few times and began to thrash around. The family became nervous
when the ambulance did not come quickly. They moved her to the van for transport to the hospital.
Shortly thereafter, the ambulance arrived.

Peter and Sarah Combs, the second youngest and the youngest of the Combs children,
respectively, gave testimony essentially similar to that related by the three other siblings. Peter,
fifteen years old at the time of trial, testified that Esther was home-schooled, along with the rest of
the children, and that Esther was able to read and write. Peter claimed that he and Esther read books
together and that Esther wrote short stories. According to Peter, Esther slept in the same room as
the other children, she did not serve food to the rest of the family, she was not responsible for
cleaning up after meals, she was not assigned more chores than any other member of the family, and
she was not considered the family servant. Peter further claimed that punishment for all of the
children consisted of “grounding.” He never saw Esther being whipped, beaten, or starved. Esther
was allowed to do the same things the rest of the children did, to wit: she watched television and
movies, played Nintendo, talked on the telephone, went to the mall and the park, rode her bike, and
used the computer to“surf the Web.” Peter claimed that he never heard the Defendants tell her how
to dress, he never saw her unclothed, and she was not told where to sit during church services. In
fact, she sat with a number of different people. As for injuries, Peter said that he witnessed a few.
He saw her injure her hand in January 1997, when hot gravy or grease somehow splashed onto it
while she was removing a roast from the oven. She immediately ran to the sink and washed it off.
Later that evening, her hand was red but she claimed to be “okay.” Another injury occurred in 1994
or 1995, during one of the many baseball games the children played together. Someone threw a bat,
which hit Esther in the face. Esther also occasionally scraped her knees when she played on the
asphalt parking lot. Another time, he watched her zealously scratch mosquito bites until they bled.

Peter recalled that Esther was “very happy” on the day before she went to the hospital in
February 1997. She also appeared “relieved and happy” to see the Defendants when they visited her.
Before she left town to stay at Sonja Meadows’ house, Esther told Peter she was “sick of Debbie
Richmond [McCauley] coming after us, [and] coming after her. She’d seen what Debbie had done
to our family and she was just sick of it. She didn’t want it.” Peter was asked whether he had
witnessed the individual incidents which gave rise to the charges against the Defendants. Peter
responded negatively to all questions.

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The youngest child, Sarah Jane Combs, gave testimony similar to Peter’s and the other
children regarding the sleeping arrangements, mealtime procedures, home-schooling participation,
shared chore assignments, standard punishments, the lack of seating restrictions during church
services, and Esther’s involvement in family playtime. Sarah also claimed that she never saw Esther
unclothed or punished severely. She recalled only two incidents where Esther suffered any injuries.
The first occurred in the kitchen, when Esther broke a plate which cut her arm. The second occurred
during a baseball game, when one of their friends hit the top of Esther’s eye with a baseball bat. It
was an accident. Sarah also claimed that Esther was able to read and write. She explained that
Esther would often read to her, and Sarah observed her compose long stories and poetry.

According to Sarah, the day prior to Esther’s hospitalization in February 1997 was not
unusual. Esther seemed “happy.” While in the hospital, she also seemed “happy” to see the family
when they visited. Esther never complained to Sarah that either Defendant had ever injured her.
When Sarah was asked whether she had witnessed the individual incidents which gave rise to the
charges against the Defendants, she replied negatively regarding all counts.

Mary Ellen Caldwell testified that she was working 7:00 p.m. to 7:00 a.m. as a nurse in the
cardiac intensive care unit at the Medical Center during Esther’s treatment in February 1997.
Caldwell questioned Esther about the numerous scars on her body. Esther responded that she “fell
a lot when [she] was little.” Caldwell recalled the visits by Esther’s family and described them as
“very civil, normal.” Caldwell also recalled speaking to Joseph Combs on the telephone when he
called to inquire about Esther’s condition. He asked Caldwell to tell Esther that “he loved her.”
During cross-examination, Caldwell testified that she observed Esther clutching her stuffed animals
and exhibiting “restless movements” while at the Medical Center. She also moaned loudly and
claimed to have nightmares involving her father.

Donna Sue Tiller also worked as a nurse in the Medical Center’s cardiac intensive care unit
while Esther was a patient. She was scheduled to work only one day during Esther’s stay, from 7:00
p.m. to 7:00 a.m., and she saw Esther’s family during visitation. Tiller said that the other Combs
children were outgoing and friendly. By contrast, Esther would only speak when spoken to, and she
did not initiate conversation. At approximately 4:00 a.m., Esther woke up “whining.” She said she
was “homesick,” missed her “mama,” and wanted to go home. During her bath, Esther told Tiller
that she did most of the cooking at home because she “loved” it. She also said that her siblings had
their own chores to do. During cross-examination, Tiller testified that she asked Esther about the
many scars on her body, but Esther refused to discuss them. According to Tiller, the scars on
Esther’s back and buttocks were too numerous to document.

Defendant Joseph Combs testified that he and his wife adopted their son, James, when he was
only a few days old. Shortly thereafter, Joseph and Evangeline were told they could not have
children, but they wanted additional children for James’ sake. Consequently, they decided to adopt
another child. Joseph conceded that he was familiar with the adoption process, based on his
experience with James, and that he had signed an adoption agreement with the Baptist Children’s
Home (the “Home”) concerning Esther (then “baby Garcia”). Joseph acknowledged that a provision

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in the fourth paragraph of the agreement stated as follows: “We agree to pay the fee of gift to the
Baptist Children’s Home to pay the costs of the Social Services and to help defray the expenses of
the birth and care of the child.” The terms of the fee were yet to be discussed, but it was due before
the adoption was finalized. The Home allowed Joseph and Evangeline to take Esther home for a few
months prior to signing the adoption papers. She was five months old at the time. Joseph signed
the agreement but a few months later, he became “concerned” about the terms. He sought advice
from an attorney named Charles Lee Zandstra, who informed him that he would be required to pay
the Home ten percent of his income for an indefinite period of time once the adoption was finalized.
Joseph called the Home. Whoever answered the telephone (Joseph claimed to not recall the name)
told him to consider the matter further and to “take his time,” because “there was no rush.”

During his testimony, Joseph Combs was shown copies of two letters previously sent to him
by the Home. The first was dated March 31, 1978; the second, January 9, 1994. Both requested that
he send the Home a copy of the adoption decree concerning Esther. Joseph admitted doing nothing
in response to the first letter and claimed that he did not recall receiving the second. When his
attorney asked him why he never legally adopted Esther, Joseph replied that, initially, “it was fear
of financial pressure.” Since he and his wife already had full custody, they were in “no rush.” As
the years rolled by, he feared that “if [they] tried to go forward at that point that [they] would lose
her.” Joseph admitted that Esther did not have a Social Security card, a birth certificate, or a drivers
license while she lived with them.

Joseph testified that the Combs family lived in Indiana for thirteen years. In 1986, they
moved to Clearwater, Florida, because Joseph wanted to start a church there. All of the Combs
children had already been born when they left Indiana except for Sarah, the youngest, who was born
in Florida. Their home in Florida was “very nice”: 2200 square feet, with four bedrooms, 2 1/2
bathrooms, and a pool. Joseph claimed that all of the Combs children were outgoing; they frequently
stopped people on the street to talk with them. Joseph denied that he made any attempts to hide the
children. He also denied that Esther was required to prepare the family’s meals. His wife,
Evangeline, performed that duty. According to Joseph, the relationship between the members of the
Combs family was real close, and the family “did a lot together.” Joseph tried “to expose [the
children] to as many different places and things as possible,” and Esther was not treated any
differently than any other person in the family. Joseph denied using “the office” in the Florida
home as a place to spank Esther. Rather, he claimed that the house did not have an office. The
family lived in Florida for eighteen months.

Joseph refuted the testimony of Malinda Oakes and Esther concerning Esther’s inability to
read and write. He claimed that she knew how to do both before leaving Indiana and her talents
included creative writing. Esther participated in the same home-schooling program as the rest of the
children. Instruction took place from 8:00 a.m. until approximately noon, Monday through Friday.
Joseph admitted that Malinda Oaks had volunteered to help teach the children. Joseph informed her
that this was not necessary, but she could possibly tutor them in some subjects if she liked. In sum,
he did not encourage her or strictly prohibit her from participating. Joseph also claimed that the

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testimony of Rose Kelly Wood, who noticed that the back of Esther’s legs were “very, very scarred,”
was untrue.

In 1988, the Combs family left Florida and traveled from state to state in a “forty-five foot
fifth wheel trailer.” Joseph had received numerous invitations for extended meetings at churches
across the country, and he decided to accept them. Joseph denied giving Esther a “pink belly” during
their travels in the trailer, or at any other time.

In April 1989, the family settled down in Bristol, Tennessee. Joseph assumed the pastorship
of EBC, and the Combs took up residence in the fellowship hall of the church. According to Joseph,
all of the children, including Esther, slept in the fellowship hall. He claimed that Esther interacted
well with the other Combs children. She was “positive,” “cheerful,” and played with all of them.
She also played with some of the children who attended EBC and rode her bike. Esther was not
restricted as to where she did these things. With regard to chore assignments, Joseph testified that
no child was given more to do than any other child and none of them complained. Moreover, he
claimed that Esther was never told that her purpose in life was to be a servant and she was never
treated as such. She did not retire at 3:00 a.m. and she was not forced out of bed at 5:00 a.m. Esther
watched television with the other children and she was never deprived of food. Joseph testified that
Esther was not sick more than the rest of the Combs children; it only appeared that she missed more
church services because she worked in the nursery so frequently.

Regarding Esther’s two attempts to run away, Joseph gave the following explanations: The
first incident followed an argument that occurred between Joseph and his wife. Esther overheard
the argument, misunderstood it, and then decided to take a walk. During her walk, she became
confused as to her whereabouts. She noticed a little store on the roadway and headed for it, but she
became nervous when she saw a police car pull over. Hence, she ducked into the bathroom and
locked the door. Meanwhile, the Combs family was searching everywhere for her. Within a few
minutes of her departure, they realized she was gone. Joseph said that he was “not comfortable”
with the idea of Esther being outside because it was raining and rather windy that evening. When
the police reported that they had found her, Joseph picked her up. The second runaway incident
began with Esther hearing noises during her shift in the church nursery. Esther became frightened
and went outside to investigate. Once outside, she thought someone was chasing her, so she started
running. The next thing she knew, she woke up on Highway 421. She began walking along the
road. A pastor and his wife from Mountain City picked her up and tried to help her. She would not
tell them who she was, so they turned her over to the local authorities. The Combs family learned
she had been found at approximately 3:00 or 4:00 a.m. the next morning and then brought her home.

Joseph testified that on February 17, 1997, the day before Esther was taken to the hospital,
the Combs children had played vigorously all day. Esther was fine, but tired. When evening came,
some of the children did not feel well. Everyone went to bed. The next morning, David alerted he
and Evangeline that Esther was having “some kind of seizure or something.” She was in the
bathroom, “kinda jerking around.” Cindy dialed 911. When it appeared as though she stopped
breathing a few times, and the emergency personnel had not arrived, Joseph was afraid she would

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die any second. The ambulance finally arrived, however, and transported her to the hospital. The
rest of the family followed in a car.

The following morning, Detective Debbie Richmond-McCauley questioned Joseph in an
attempt to determine how Esther had become sick. Joseph testified that McCauley’s questions
concerned only Esther’s then-present condition. She did not ask him about the scars on Esther’s
body and Joseph never told her that Esther was “clumsy” and “fell a lot.” He also denied that he was
ever asked to give or sign a statement. Joseph claimed that he visited Esther in the hospital at every
opportunity and that he and Esther had a “close” relationship. They discussed many personal matters
and he loved her. He thought that she also loved him. Consequently, he was “bewildered” by the
accusations against him.

Joseph recalled when the Bristol Fire Department came to the EBC fellowship hall in March
1997. A day or two later, Cindy, Peter and Sarah Combs (the minor children) were removed from
the custody of the Combs for approximately one year. In June 1997, the family moved to a place just
outside of Bristol. In October 1997, Esther left town. She stayed with Sonja Meadows for a short
time, and then moved to South Carolina. There, she stayed with Reverend Carpenter’s family.
Joseph testified that he was present when Esther left town. He claimed that Esther was “scared” and
“frustrated” by the police driving by the Combs residence and the unfamiliar people dropping by
their home. Esther knew that Joseph had been summoned to go to court. She wanted to leave the
area and asked him to assist her. Joseph agreed to do so.

Following the hearing on October 3, 1997, the Chancery Court for Sullivan County at Bristol,
Tennessee, issued the following court order which was read into evidence during Joseph’s testimony:

Upon Petitioner’s motion for physical and psychiatric examinations and appointment
of guardian ad litem, brought on notice for hearing on October 3rd, 1997, before the
Honorable Richard E. Ladd, Respondent did not appear. Respondent’s caretaker,
Joseph Combs, appeared and testified that after living with him for over nineteen (19)
years, Respondent suddenly left without her [sic] of her plans or whereabouts some
time prior to the service of the instant petition on August the 4th, 1997. Although
Mr. Combs testified that Respondent, Esther Combs, has called him on the telephone
since and has appeared in his Church audience, he has never informed her of this case
and has no idea whatsoever as to her present whereabouts.

Joseph admitted that he had knowledge of Esther’s whereabouts at the time of the hearing
and that his statement to the contrary was untrue. However, Esther’s attorney had informed her that
she was under no duty to appear. Thus, what she did was her choice, and she chose to leave town.
She was no longer a minor, and Joseph was not her caretaker. To avoid doing anything illegal,
Joseph had asked for advice from three different attorneys on this matter. (He did not testify
regarding the substance of such advice.) Joseph said that he and Esther kept in touch via cellular
telephone, but he did not see her again until she testified at trial.

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Concerning the charge of especially aggravated kidnapping (count 1), Joseph testified that
he never confined Esther by a display of deadly weapons and that he never observed Evangeline do
so. The Combs household had three working telephones, and the doors to their residence all locked
from the inside, not the outside. In other words, it was not possible to prohibit anyone from exiting
the Combs residence by locking the doors. Further, Joseph testified that in the period of time from
April 30, 1990 to October 3, 1997, he and Evangeline took frequent trips, during which the children
were left at home without adult supervision. Even when the Defendants were home, the children
were all allowed to come and go as they pleased, within the normal parameters typically allowed
children. Esther never declared a desire to leave home, and, when her hospitalization and the two
runaway incidents were over, she had returned home voluntarily.

With regard to count 2, which alleged that Joseph choked Esther with a rope sometime
between June 1, 1996 and September 1, 1996, Joseph testified that the charge was untrue.
Specifically, Joseph claimed that on March 26, 1996, he underwent surgery to replace the aortic
valve in his heart. As a result, he was incapacitated for a period of time thereafter, e.g., he could not
preach or drive for months, and he often felt dizzy and sick. Full recovery took approximately one
and one-half years. In sum, he asserted that the operation left him so physically weak that he could
not have committed this crime.

With regard to count 15, alleging that Joseph raped Esther on June 16, 1991, Joseph testified
that the family spent the entire day eating fried chicken at his mother’s house. They returned home
in time for the evening service at church. On November 25, 1993, the day Joseph allegedly
committed the crime of rape in count 16, the Combs family had again spent the entire day at his
mother’s house. It was Thanksgiving Day, and the family did not return home until approximately
midnight.

Joseph also denied committing the crimes in the other counts against him. Joseph’s attorney
showed him a photograph of four items (Exhibit 178): an umbrella with some of the spokes exposed,
a piece of wood, a coiled metal wire, and a piece of metal (resembling a bent curtain rod). The items
were discovered by the police investigators at the EBC fellowship hall after the Combs’ departure.
Joseph denied using the items to beat or whip Esther. Joseph also denied using Esther’s head to
make the hole in his office wall, as shown in the photograph numbered Exhibit 174. Joseph then
repudiated Esther’s other allegations, to wit: he claimed he did not beat her black and blue with a
water hose as punishment for running away; he did not ever give her a black eye; he was unfamiliar
with the “normal position” she had claimed to assume during beatings; he did not require that Esther
wear certain types of apparel; he did not force her to wear her hair in any particular style; powder
was never placed in front of the door to Esther’s room; the condition of Esther’s front teeth was the
result of a fall, rather than the colliding of her face with a wall; and he did not treat her any
differently than the other Combs children. In addition, Joseph said he never observed his wife,
Evangeline, behave as described by Esther during her testimony.

During cross-examination, Joseph denied that he responded, “What marks?” when Dr.
Gerlock asked him about the scars on Esther’s body. He also denied saying, “She falls a lot,” when

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questioned further. Joseph said that he did not recall meeting Dr. Gerlock. He also did not recall
talking with Susan Early, who previously testified that Joseph had refused to respond to questions
about the origin of Esther’s scars. Joseph explained that he quit answering all questions after talking
with Detective McCauley. Joseph denied telling Dr. Stiefel that Esther had never been to a hospital
or to see a doctor, because this was not a true statement. He also refuted the testimony of Gayland
Oaks, which stated that Joseph had said “it was necessary to spank [a child] through their rebellion
until they stop resisting and crying.” In addition, Joseph disclaimed making the following
statements: (1) God had created Esther to be a servant and he was training her to do so; (2) Esther
was clumsy and fell a lot; (3) it was Esther’s responsibility to care for the younger children; and (4)
he had never seen scars on Esther before. Joseph also claimed that the testimony of Arnold, Owens,
and Hensley, concerning food deliveries to the Combs family, was untrue.

Joseph admitted that the Defendants’ failure to legally adopt Esther prohibited her from
obtaining both a Social Security number and any type of job which required one. Joseph also
testified that he did not have Esther “taken” anywhere, when she left town in October 1997. Instead,
a man named Ricky Martin “took her somewhere and she ended up at Sonja Meadows’ [home].”
Joseph claimed that the record of what was said during the hearing, as reflected by Judge Ladd’s
order, was inaccurate. According to Joseph, his testimony on October 3, 1997, stated that “he wasn’t
sure where she was and [he] had reason to know or to believe that [he] knew where she was.” Next,
Joseph stated that he was asked only whether he had informed Esther about the subpoena, and then
he admitted that he was “fairly confident that she was [with Sonja Meadows]” at that time. He also
admitted arranging Esther’s transportation to South Carolina. He said he did this be

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/1073938. Public record. Not legal advice.