NO. 10-0859 - Supreme Court of Texas

sexually abused by M.P.A. and J.W.A. I CR 156-59. Dr. Green testified that her
examination of A.A. did not reveal any trauma, I CR 231-32, but that she discovered in
her examination of S.A. that she had a “scant hymen.” I CR 237. She also noted that
while it was not conclusive, such a finding could be consistent with “a suspicious finding
for possible vaginal penetration.” I CR 237-38. 5
B. Relying on the testimony of Willoughby, the State convinces the jury to
sentence M.P.A. to twenty years’ confinement.
In the disposition phase of the trial, the State offered the testimony of Dr.
Fred Willoughby, a psychologist who examined M.P.A. on behalf of the Bell County
Attorney’s office. II CR 13-14. On voir dire, Willoughby testified that as part of his
evaluation of M.P.A., he administered an “Abel Assessment,” which he said consisted of
a subjective component in the form of a questionnaire and an objective component
“where the individual sits in a room by him or herself and looks at a number of slides of
different ages and different genders, male and female, and it really measures one’s
response time, how one looks at the various slides in comparison to other slides.” II CR
17. He then testified that he sent the results of these tests to Dr. Abel’s offices in
Atlanta, Georgia, where they were scored and returned. II CR 17. The test, he said,
could indicate if an individual had a sexual interest in a particular gender or age group
based on the amount of time that person viewed the various slides. II CR 17-18.
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As part of his evidence in the habeas hearing, M.P.A. introduced the affidavit of Dr. Stephen Ajl,
a world renowned child abuse physician. III CR 383. Dr. Ajl stated that he “strongly disagree[d]” with
Dr. Green’s conclusion that these were “suspicious” of possible vaginal penetration. III CR 383. M.P.A.
likewise introduced medical journal articles during the habeas hearing that sharply contradicted Dr.
Green’s testimony. III CR 350-81.
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