IN THE COURT OF APPEALS OF IOWA

No. 13-1935

Filed February 11, 2015

STATE OF IOWA,

Plaintiff-Appellee,

vs.

BRUCE ROLFE SPAHR,

Defendant-Appellant.

________________________________________________________________

Appeal from the Iowa District Court for Mahaska County, Joel D. Yates, 

Judge.

A defendant appeals from his conviction, judgment, and sentence for 

sexual abuse in the second degree. AFFIRMED.

Mark C. Smith, State Appellate Defender, and Vidhya K. Reddy, Assistant 

Appellate Defender, for appellant.

Thomas J. Miller, Attorney General, Mary A. Triick, Assistant Attorney 

General, Laura Roan, County Attorney, and John McCormally, Assistant County 

Attorney, for appellee.

Considered by Vaitheswaran, P.J., Potterfield, J., and Goodhue, S.J.*

*Senior judge assigned by order pursuant to Iowa Code section 602.9206 (2015).
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GOODHUE, S.J.

Bruce Rolfe Spahr appeals from his conviction, judgment, and sentence 

for sexual abuse in the second degree. On January 25, 2012, Spahr was 

charged with two counts of sexual abuse in the second degree as committed 

against A.L. between 2003 and 2006, and two counts of sexual abuse in the 

second degree committed against R.L. between 2003 and 2010. A.L. and R.L. 

were both under twelve years of age at the time of the alleged sexual abuse. 

Spahr was tried to a jury, and on August 30, 2013, the jury returned a verdict of 

not guilty on three counts but returned a verdict of guilty on count I, which 

involved only A.L. Spahr was sentenced accordingly, and the court entered a 

five-year no-contact order as to A.L. 

I. Background Facts and Procedures.

Spahr began a relationship with R.L. and A.L.’s mother, Christine, and 

eventually they married. The four began living together in August 2003 when

A.L. was nine years old. Shortly thereafter, A.L. and R.L. were occupying an 

upstairs bedroom, and Spahr and Christine were occupying a downstairs 

bedroom. A.L. testified that while he was drunk, Spahr entered the girls’ upstairs 

bedroom, removed her blanket and clothing, and put his hand on her “boob,” 

touched her legs, and put his mouth on her genital area. A.L. further testified that 

she tried to kick Spahr away but he pushed her down and held her ankles. R.L. 

was in the same bedroom in a separate bed, but she did not wake up. A.L. 

testified that after the incident, Spahr went downstairs to the bedroom he shared 

with Christine. 
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A.L. began crying and went downstairs to the kitchen. Christine came out 

to the kitchen and asked why A.L. was crying. A.L. told her mother that Spahr 

had touched her “boob.” Christine asked if she was sure and that she would give 

A.L. three days to tell Christine whether her report was true. A.L. testified that 

afterwards Spahr told her that if she told what happened she would be taken 

away from her mother and sister. She further testified that she became fearful 

and did not want to lose her mother. A few days later A.L. told her mother that 

what she had said about the sexual abuse had only been a nightmare.

A.L. testified that the sexual abuse by Spahr continued when he was 

intoxicated and her mother was not home. She further testified that it happened 

as often as one night a week for two years, and then became less frequent and 

ended at the beginning of her tenth year of school.

When a senior in high school, A.L. was taking a high school course that 

involved a lab co-taught by a teacher and Don DeKock, a Mahaska County 

Deputy Sheriff. Deputy DeKock is experienced and trained in the area of child 

sexual abuse investigation and is assigned to those duties in his capacity as a 

deputy sheriff. He is also a member of the Mahaska County child protection 

team. On December 8, 2011, A.L. stayed after school and reported to DeKock 

and her teacher that she had been sexually abused by Spahr. Deputy DeKock 

testified that he was not caught entirely off guard by A.L.’s revelation. He 

testified that

you know you can sometimes—with victims of whatever—you can 

see something is not right here. Something is going on with this 

student. It could be how they react, maybe their response, etc., 

and at the time that doesn’t mean that they are a victim of sexual 
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abuse, it may be something else, it could be suicidal. Those types 

of things.

Deputy DeKock reported A.L.’s allegations to the Iowa Department of Human 

Services (DHS) and a physical examination of both children was arranged. Both 

girls were physically examined and no physical evidence of abuse was presented 

at trial. Both girls were interviewed by a representative of the DHS, and a 

videotaped copy of the interview was submitted at trial by Spahr. Deputy 

DeKock observed the interview through a one-way mirror. Christine was 

interviewed, and it was apparent that she did not believe the allegations of her 

daughters. The depositions of A.L. and R.L. were taken and their statements in 

the interview, deposition, and at trial were often inconsistent.

Deputy DeKock questioned the support Christine was providing to the girls 

and felt a concern for their safety. He testified that the girls were immediately

removed from the residence and were placed in foster care. 

Spahr testified on his own behalf and denied any sexual touching of the 

girls. He stated that he had a difficult relationship with them. There was 

evidence that A.L. did not like Spahr independently of the sexual abuse claim. 

Christine testified that prior to her response to A.L.’s crying in the kitchen 

on the night of the alleged first incident, she had been in her bedroom and she 

knew that A.L.’s report was false because Spahr had been in the bedroom with 

her during the time A.L. claimed the incident took place. She further testified that 

the girls never made any other allegation of sexual abuse by Spahr to her.

Christine testified her former husband—the father of the girls—had told 

her that he liked little girls. In A.L.’s interview by the DHS, she stated she had 
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told her mom that Spahr had “touched her how her real dad touched her.” In 

fact, Christine had removed the girls from the home she was occupying with their 

natural father when she had become concerned that he had sexually abused A.L. 

and R.L., and thereafter, she filed for dissolution of their marriage. The State 

filed a motion in limine excluding any reference to sexual abuse of the girls that 

pre-dated the alleged abuse by Spahr. Defense counsel made an offer of proof 

that limited the alleged prior abuse to statements the natural father had made 

and the appropriate actions Christine had taken. Counsel’s intent was to 

establish that if Christine had really felt Spahr was sexually abusing the girls, she 

would have removed the children from Spahr’s presence. 

The trial court deferred the ruling on the motion in limine before trial and 

stated that the proffered testimony would be reassessed in light of the evidence 

presented by the State. The issue was brought up after the close of the State’s 

evidence and Spahr’s counsel contended that the State had opened the door by 

painting Christine as a bad mother. The trial court ruled that the testimony 

contained in the offer of proof was not admissible. 

Spahr has appealed, claiming the district court erred by not admitting the 

proffered testimony and he was denied effective assistance of counsel when 

counsel did not object to Deputy DeKock’s testifying in a manner that commented 

on the credibility of the testimony of Christine and both girls.

II. Standard of Review.

Evidentiary rulings issued by a trial court are reviewed for abuse of 

discretion. State v. Thompson, 836 N.W.2d 470, 476 (Iowa 2013). Ineffectiveassistance-of-counsel claims are reviewed de novo. State v. Rodriguez, 804 
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N.W.2d 844, 848 (Iowa 2011). Ordinarily, claims of ineffective assistance of

counsel are reserved for postconviction relief but can be considered on direct 

appeal when the available record is adequate. Id. 

III. Error Preservation.

As to the evidentiary issue, the State does not contest error preservation. 

The issue was raised before the trial court, and it was ruled on. See LaMasters 

v. State, 821 N.W.2d 856, 862 (Iowa 2012). The issue of ineffective assistance 

of counsel is an exception to the normal rule of error preservation. Rodriguez, 

804 N.W.2d at 848. 

IV. Discussion.

A. Offer of Proof.

Evidence of a person’s character or a trait of a person’s character is not 

admissible for the purpose of proving the person acted in conformity therewith on 

a particular occasion. Iowa R. Evid. 5.404(a). An exception exists within the 

discretion of the court if the evidence is probative of truthfulness or 

untruthfulness. Iowa R. Evid 5.608(b). Spahr’s effort was not directed to 

truthfulness or the lack thereof but to specific conduct on a prior occasion. 

Additionally, application of the exception appears to be limited to crossexamination. Id. 

An appellate court will disturb a trial court’s ruling on evidence only if it 

amounts to an abuse of discretion. State v. Martin, 385 N.W.2d 549, 552 (Iowa 

1986). An abuse of discretion exists only when the trial court’s ruling is on 

grounds clearly untenable or to an extent clearly unreasonable. Id. The trial 
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court’s ruling cannot be said to be clearly untenable or unreasonable given the 

contents of the offer of proof and the applicable rules of evidence. 

B. Ineffective Assistance of Counsel.

Spahr’s counsel did not object to State witness Deputy DeKock’s 

statement that he was not completely caught off guard by A.L.’s statement that 

Spahr had sexually abused her and intimating that he could see something was

not right with A.L. Further, counsel did not object when DeKock testified that 

after interviewing Christine and observing the interview of the children, he was 

concerned with their safety and the children were immediately removed from the 

home and placed in foster care. 

In child abuse cases, experts are allowed to express an opinion on 

matters that explain mental and psychological symptoms present in children that 

have been sexually abused. See State v. Meyers, 382 N.W.2d 91, 97 (Iowa 

1986). However, they are not permitted to directly or indirectly render an opinion 

on the credibility of a witness. Id. 

In a recent case where an expert witness testified that she had 

recommended therapy for the victim and recommended she stay away from the 

alleged perpetrator, our supreme court held that the testimony crossed the line 

and was indirectly vouching for her credibility. State v. Dudley, 856 N.W.2d 668, 

678 (Iowa 2014). Deputy DeKock’s testimony as set out above—that he 

considered Christine’s reaction not to be supportive of the girls and that out of 

concern for the children they were immediately removed from the home and 

placed in foster care—is substantially similar to the testimony that was ruled 

inadmissible in Dudley. See id. DeKock’s testimony and action taken clearly 
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imply he did not believe Christine and did believe the girls. Trial counsel did not 

object to DeKock’s testimony but whether trial counsel had a reason for not doing 

so cannot be determined. 

The record is inadequate to address Spahr’s claim of ineffective

assistance of counsel. Only in rare cases is the record adequate to resolve 

issues of ineffective assistance of counsel on direct appeal. State v. Tate, 710 

N.W.2d 237, 240 (Iowa 2006). Spahr’s trial counsel should be allowed to 

respond to the claim of ineffective assistance of counsel. See State v. Brubaker, 

805 N.W.2d 164, 170 (Iowa 2013) (noting “[a] primary reason for [considering 

ineffective assistance claims in postconviction proceedings] is to ensure 

development of an adequate record to allow the attorney charged to respond to 

the defendant’s claims”). 

The trial court is affirmed, but the claim of ineffective assistance of counsel 

is preserved for postconviction relief. 

AFFIRMED.