No. 97,040
IN THE COURT OF APPEALS OF THE STATE OF KANSAS
STATE OF KANSAS,
Appellee,
v.
ROBERT D. BLAUROCK,
Appellant.
SYLLABUS BY THE COURT
1. When reviewing a trial court's decision to admit evidence, an appellate court first determines whether the evidence is relevant. Relevant evidence is evidence having any tendency in reason to prove any material fact. K.S.A. 60-401(b). Thus, the evidence, to be relevant, also must be material.
2. The standard of review of whether evidence is material is de novo. The standard of review of whether evidence is probative in a particular case is reviewed under an abuse of discretion standard.
3. Even if evidence is material and probative, a trial court must determine whether evidence is unduly prejudicial. An appellate court reviews the determination of whether evidence is unduly prejudicial under an abuse of discretion standard.
4. To preserve an issue relating to the admissibility of evidence for appeal, a party must make a timely and specific objection. K.S.A. 60-404. Even if there is an in limine ruling that the evidence is admissible, where an objection to the evidence is not made when it is introduced at trial, the defendant is generally precluded from challenging its admissibility on appeal.
5. In order for other crimes evidence to be admissible under K.S.A. 60-455, the court must determine that the evidence is relevant to prove a material fact, such as motive, knowledge, and identity. The court must also determine that the material fact is disputed. Additionally, the court must determine that the probative value of the evidence outweighs the potential for producing undue prejudice. Finally, the court must give a limiting instruction informing the jury of the specific purpose for admission whenever K.S.A. 60-455 evidence is admitted.
6. Under State v. Gunby, 282 Kan. 39, 57, 144 P.3d 647 (2006), the admissibility of any and all other crimes and civil wrongs evidence is governed by K.S.A. 60-455.
7. The admission of K.S.A. 60-455 evidence without the explicit relevance inquiries, particularized weighing of probative value and prejudicial effect, or prophylactic limiting instruction is not inevitably so prejudicial as to require automatic reversal. On the contrary, it may be harmless.
8. If a trial court reaches the right result, its decision will be upheld even though the trial court relied upon the wrong ground or assigned erroneous reasons for its decision. The reason given by the trial court for its ruling is immaterial if the result is correct.
9. Where other crimes evidence is offered for the purpose of proving identity under K.S.A. 60-455, the evidence should disclose sufficient facts and circumstances of the offense to raise a reasonable inference that the defendant committed all of the offenses. The other crimes must be similar, but not identical, in nature to the crimes charged.
10. The concept of plan under K.S.A. 60-455 may relate to one of two theories. Under the first theory, the other crimes evidence is admissible to show the modus operandi or general method used by a defendant to perpetrate similar but totally unrelated crimes. Under the second theory, the other crimes evidence is admissible where there is some direct or causal connection between the prior conduct and the crimes charged.
11. Under the facts of this case, the other crimes evidence was admissible under K.S.A. 60-455 to show identity and plan.
12. Under the facts of this case, the defendant's challenge to the trial court's failure to redact an evidentiary videotape to remove references to the defendant's federal parole status was precluded by the defendant's failure to preserve this issue at trial.
13. The question of whether there was a violation of a defendant's statutory right to a speedy trial is a matter of law over which an appellate court exercises a de novo standard of review.
14. Interpretation of a statute presents a question of law over which an appellate court's review is unlimited.
15. The statutory right to a speedy trial does not apply to defendants held in custody for any reason other than the subject criminal charge.
16. K.S.A. 22-3402(5)(c) allows for the extension of the 90-day statutory speedy trial period of K.S.A. 22-3402(1) to 180 days when material evidence is unavailable; when reasonable efforts have been made to procure such evidence; and when there are reasonable grounds to believe the evidence can be obtained and the trial commenced within 90 days.
17. Under the facts of this case, no statutory speedy trial violation occurred where the defendant had been convicted of aggravated indecent liberties with a child at his first trial and was awaiting sentencing for that conviction when his second trial occurred and where the factors under K.S.A. 22-3402(5)(c) had been met to extend the statutory speedy trial period to 180 days.
Appeal from Wyandotte District Court; JOHN J. MCNALLY, judge. Opinion filed February 27, 2009. Affirmed.
Jocilyn B. Oyler, of Kansas Appellate Defender Office, for appellant.
Amory K. Lovin, assistant district attorney, Jerome A. Gorman, district attorney, and Stephen N. Six, attorney general, for appellee.
Before STANDRIDGE, P.J., PIERRON and GREEN, JJ.
GREEN, J.: Robert Blaurock appeals his jury trial convictions and sentences for rape, aggravated criminal sodomy, and sexual exploitation of a child. Blaurock raises five arguments on appeal. First, Blaurock argues that the trial court erred in admitting evidence of other crimes he allegedly committed against the victim in this case. Nevertheless, we determine that the other crimes evidence was admissible to prove plan and identity under K.S.A. 60-455. Although the trial court did not conduct the appropriate analysis under K.S.A. 60-455 before admitting the evidence, the error was harmless. Moreover, under the particular facts of this case, the lack of a limiting instruction on plan and identity did not constitute reversible error. Accordingly, Blaurock's argument fails.
Next, Blaurock contends that the trial court erred in allowing an unredacted videotape to be given to the jury in this case. Nevertheless, Blaurock's failure to request redaction of the videotape precludes appellate review of this issue. Next, Blaurock maintains that the State violated his statutory right to a speedy trial by failing to bring him to trial within 90 days under K.S.A. 22-3402. Blaurock's argument fails for two reasons: (1) Blaurock was not being held in custody solely for the subject criminal charges in his second trial; and (2) the trial court did not abuse its discretion in granting the State's continuance and, therefore, the State had 180 days to bring Blaurock to trial under K.S.A. 22-3402. As a result, we agree with the trial court that there was no violation of Blaurock's statutory speedy trial right under K.S.A. 22-3402.
Next, Blaurock argues that the combination of errors in this case deprived him of a fair trial. Nevertheless, because Blaurock has not established any error in this case, his argument on this issue fails. Finally, Blaurock contends that the trial court erred in using his criminal history, which was not proven to a jury beyond a reasonable doubt, to increase his penalty. Blaurock's argument is controlled by our Supreme Court's decision in State v. Ivory, 273 Kan. 44, 41 P.3d 781 (2002). As a result, his argument fails. Accordingly, we affirm.
First Trial
In November 2005, Blaurock went to trial on ten counts of rape in violation of K.S.A. 21-3502; one count of aggravated kidnapping in violation of K.S.A. 21-3421; one count of aggravated criminal sodomy in violation of K.S.A. 21-3506 with an alternative count of criminal sodomy in violation of K.S.A. 21-3505; and one count of sexual exploitation of a child in violation of K.S.A. 21-3516. Each of the rape counts had an alternative count of aggravated indecent liberties with a child in violation of K.S.A. 21-3504. The counts were all based on allegations of sexual misconduct by Blaurock against his girlfriend's 14-year-old daughter, C.S. Blaurock lived with C.S. and her mother, Tammy. The alleged acts took place after April 30, 2005, and before May 25, 2005; on May 25, 2005; and on June 1, 2005.
After a 3-day trial, the jury found Blaurock guilty of one count of aggravated indecent liberties with a child based on the June 1, 2005 incident. The jury acquitted him of seven counts of rape (with alternative counts of aggravated indecent liberties with a child), which were based on the allegations of sexual misconduct occurring after April 30, 2005, and before May 25, 2005. The jury acquitted him of aggravated kidnapping, which was based on the May 25, 2005, incident. Finally, the jury was unable to reach a verdict on two counts of rape, which were based on the May 25, 2005, incident; the count of aggravated criminal sodomy (alternative count of criminal sodomy), which was based on the June 1, 2005, incident; and one count of sexual exploitation of a child, which was based on pictures taken during the June 1, 2005, incident.
Second Trial
In April 2006, the State brought Blaurock to trial for the second time on one count of rape (alternative aggravated indecent liberties with a child), which was based on the May 25, 2005, incident; one count of aggravated criminal sodomy (alternative criminal sodomy), which was based on the June 1, 2005, incident; and one count of sexual exploitation of a child, which was based on pictures taken during the June 1, 2005, incident.
May 25, 2005, Incident
At Blaurock's second trial, C.S. testified that on the morning of May 25, 2005, she was awakened by Blaurock flipping her over, tying her wrists behind her back, and placing duct tape over her mouth. Blaurock eventually took the duct tape off of C.S.'s mouth because she was having problems breathing. Blaurock tried to lead C.S. to his bedroom, but C.S. ran into the kitchen and grabbed a knife on the counter. C.S. testified that she was going to slit her throat because she did not want to have sexual intercourse with Blaurock. Nevertheless, C.S.'s hands were still tied behind her back, and she was unable to reach her throat. Blaurock took the knife away from C.S. and then dragged her to his bedroom.
According to C.S., Blaurock threw her on his bed and told her that they were going to have sex every day for a period of months. C.S. testified that she was crying and telling him no. C.S. further testified that Blaurock said that if they missed a day, then one of her friends or relatives was going to disappear. According to C.S., Blaurock had her cousins' and friends' pictures and their addresses on a piece of paper that he showed to her.
C.S. testified that Blaurock undressed her and forced her to have sex with him that morning while her hands were still tied. Moreover, after he untied her hands, Blaurock told C.S. that they were going to take sexual pictures. C.S. testified that she unwillingly sat on Blaurock's face, and Blaurock took a picture of them through the mirror on the headboard of the bed.
C.S. testified that as Blaurock was dragging her to the bedroom during the May 25 incident, he hit her in the eye. Tammy later noticed a bruise on C.S.'s face. When Tammy asked about the bruise, C.S. told Tammy that she did not know what had happened. Tammy tried to question C.S. further, but C.S. became irritated and asked Tammy to drop the matter. Blaurock's brother, Marty Blaurock, testified that he had noticed C.S.'s black eye between May 25 and June 1, 2005. Nevertheless, Marty testified that Blaurock, Blaurock's son Johnathan, and Mike Wertacet had told him that Tammy had become angry and had hit C.S. in the eye.
May 1, 2005, through May 24, 2005, Incidents
C.S. testified that Blaurock had abused her ealier in May 2005 before the May 25 incident. C.S. could not remember the number of times the abuse had occurred before May 25. C.S. testified that Blaurock would wake her up every other morning as soon as her mother left for work around 6:45 a.m. and would sexually abuse her. According to C.S., the incidents happened between when her mother left for work and when C.S. left the house around 7:25 a.m. to catch the bus for school. One morning at school after the sexual abuse happened a couple of times, C.S. told her friend, D.P. D.P. testified that she told C.S. to report the incident.
C.S. recounted a particular incident in May 2005, where Blaurock had told her that she was pregnant and that he needed to put a little white pill in her vagina and have sexual intercourse with her three times that day. Blaurock told C.S. that if they did that, she would not be pregnant anymore. According to C.S., Blaurock placed the pills in her vagina three times on that particular day, and she and Blaurock had sexual intercourse each time. C.S. testified that on that particular day, she was out of school due to either a teacher in-service day or to her being ill.
C.S. testified that during the month of May, Blaurock had given her bellybutton rings and shirts. In addition, Blaurock and Tammy had given C.S. tickets to two concerts. C.S. testified that she felt like Blaurock was buying these items so she would have sex with him.
June 1, 2005, Incident
C.S. testified that no sexual abuse occurred after May 25, 2005, and before June 1, 2005. On June 1, 2005, however, C.S. was at the dining room table on the telephone with D.P. when Blaurock told her to get off the telephone. When C.S. got off the telephone, Blaurock told her to go to the bedroom. According to C.S., she told Blaurock "no" and began to argue with him. Blaurock then pulled her to his bedroom and told her to take off her pants. C.S. testified that she curled up in a ball on the bed because she did not want any sexual abuse to occur.
C.S. testified that Blaurock undressed himself, pulled C.S.'s shorts off, and forced her to have sexual intercourse with him. C.S. further testified that after they had sexual intercourse, Blaurock forced his penis into her mouth and then photographed her. According to C.S., she was upset and crying and kept telling Blaurock "no," but she eventually complied with his request because she wanted to end the incident. C.S. testified that Blaurock then made her sit on his penis, and he took another picture.
C.S. testified that after the incident was over, she got up and ran to the bathroom. Blaurock then went outside. C.S. called D.P. and told her that Blaurock had raped her. D.P. encouraged C.S. to get help. C.S. then went to see her neighbor, M.T., who lived two houses away, and asked to use her telephone. C.S. called the police and told them that she had been raped by Blaurock. C.S. then called Tammy at work and told her that Blaurock had raped her.
When Officer Miguel Pena arrived at M.T.'s home, he was met outside by C.S. and Tammy. Both C.S. and Tammy told Pena that C.S.'s stepfather had raped her. Although Blaurock and Tammy were never married, Blaurock had lived with C.S. and Tammy since 1996. Blaurock's son, Johnathan, who was 20 years old when the incidents occurred in this case, had lived with C.S. and Tammy since he was 11 years old.
While Pena was talking to C.S. and her mother outside of M.T.'s home, Blaurock pulled into the driveway of his home. Pena and Officer Ronald Sutton began walking toward Blaurock, and Sutton yelled at Blaurock to stop. Nevertheless, Blaurock failed to acknowledge the officers and hurriedly went into the house. Sutton knocked on the door and attempted to open it, but the door was locked. A few minutes later, Blaurock came out of the side door and was met by Pena. Blaurock was taken into custody. After Blaurock was in custody, he spontaneously asked Sutton, "Do you have any suggestions for life after this?"
After Blaurock was arrested, C.S. was taken to the University of Kansas Medical Center, where she had a rape examination performed. C.S.'s underwear was collected at the hospital. With Tammy's permission, crime scene investigators searched the house for evidence of sexual abuse. A Polaroid camera was collected during the search, but no pictures of the sexual abuse were found at that time. The next day, C.S. was interviewed by a social worker at the Sunflower House about the alleged sexual abuse. Her interview was videotaped and played for the jury at trial. While at Sunflower House, C.S. revealed that she had changed her underwear right after the sexual assault that occurred on June 1. After the interview, a detective followed C.S. and Tammy back to their house and collected the underwear, which Tammy had placed in a bag.
Three days after the June 1 incident, while searching for the pictures that Blaurock had taken of the incidents, Tammy saw something sticking out above the garage door. Tammy got up on a step stool and pulled down a plastic bag that contained loose condoms and sexual lubricant, a package of unopened Polaroid film, and an opened package of Polaroid film. Inside the opened package of film, Tammy found a picture of C.S. in which C.S. was visibly upset and had a penis in her mouth.
Michael, C.S.'s natural father, who was also searching for the pictures, then reached up into the area where Tammy had been searching and found two more pictures of two individuals engaged in sexual conduct. Michael testified that one of the individuals in the pictures appeared to be C.S. Michael's wife called the police, and the crime scene investigation unit recovered the items found. In addition to the items previously mentioned, the crime scene investigation officer recovered two empty boxes of condoms and a sex toy.
Blaurock's Letters
While Blaurock was in jail, he sent several letters to his mother. In one of the letters, Blaurock told his mother to call C.S.'s mother and make clear that he was "not exactly defenseless." Blaurock stated that C.S. was "not really very innocent," that C.S. had M.T. as a coconspirator, and that every act with C.S. was consensual. Blaurock asserted that if the real truth were made known, C.S. would be in trouble and Tammy would lose custody of her.
Blaurock further asserted in one of his letters that on days when some of the alleged incidents had occurred, C.S. either had skipped school or had called him to come get her from school so that she could spend time with him. In addition, alleging that C.S. had behaved in a sexually explicit manner towards him, Blaurock gave reasons for his behavior: (1) that C.S. would peek through the bedroom door to watch him while he was naked; (2) that C.S. would come into his room while he was getting dressed; (3) that after Tammy left in the morning, C.S. would barge into the bathroom while Blaurock was naked; (4) that C.S. would call Blaurock's name and fully expose herself to him while she was in the shower; (5) that C.S. had showed him how she shaved her pubic area; (6) that C.S. would call Blaurock into her room while she was naked or changing underclothes; (7) that C.S. wanted head-to-toe massages while she was naked; (8) that C.S. had used her body to get gifts and money from Blaurock; (9) that C.S. would get into bed with him once Tammy left in the morning; and (10) that C.S. would jump up and down on his bed while she was naked until Blaurock eventually joined in with her.
Moreover, Blaurock alleged that he had suspected C.S. was having sex with "Derek" or another boy after examining her underwear; that C.S. was using drugs; that he had helped C.S. pass drug tests by buying her over-the-counter cleansing agents; that C.S. had repeatedly asked him to kill her natural father; and that C.S. had threatened to tell Tammy about C.S. and Blaurock if he did not kill her father.
In one of his letters, Blaurock admitted to having sexual intercourse with C.S. on June 1, 2005. Blaurock asserted that after they had sexual intercourse, C.S. stated that Blaurock was just like her natural father and that she wanted him dead, and then she ran out of the room. Blaurock alleged that C.S. and M.T. had devised a plan to get rid of him so that they could have their summer vacation without any interruptions.
Blaurock wrote several letters in which he encouraged C.S.'s mother to get C.S. to change her report. Blaurock went so far as to outline what C.S. could say in a sworn affidavit to show that he had not done what she had alleged. Blaurock threatened that if the case went to trial, everything about C.S.'s and Tammy's lives would be exposed.
Blaurock's mother sent Blaurock's letters to Tammy. After receiving the letters, Tammy wrote to Blaurock and told him that she and C.S. were not going to testify. Tammy testified that she was angry when she had received the letters and had written Blaurock because she did not want him to enter into a plea agreement.
Blaurock's Testimony and Evidence
At trial, Blaurock admitted that he wrote the letters but testified that he had falsified the information. Blaurock denied that it was him depicted in the three photos admitted into evidence at trial. In denying that it was his penis shown in one of the pictures, Blaurock testified that he had a hernia approximately half the size of a bar of soap in his pelvic area. Moreover, Blaurock testified that he had never used the Polaroid camera to take pictures of C.S. while she was engaged in sexual acts.
Blaurock testified about his work activities on May 25, 2005, and denied that he had committed any of the acts that allegedly occurred that day. Moreover, Blaurock's testimony was that he was busy with job estimations and other activities on June 1, 2005. Blaurock's son, Johnathan, testified that he had gotten home around 10:30 on the morning of June 1, 2005, and gone to sleep in his room in the basement. Nevertheless, he did not hear any "commotion" upstairs until the police began searching the house that afternoon.
During the first part of May, Blaurock's friend, Mike Wertacet, was also living at the house. According to Blaurock, both Johnathan and Mike would be up and getting ready in the mornings. Blaurock testified that he usually left the house around 6:45 or 7 a.m. at the same time as Johnathan, who was going to heating and air conditioning school. Blaurock's brother, Marty Blaurock, testified that he was at Blaurock's house every morning because he and Blaurock worked together. According to Marty, he never noticed any tension or problems between C.S. and Blaurock during May 2005.
According to Blaurock, C.S. had asked him several times about having her natural father murdered. Johnathan testified that C.S. had also asked him many times if he would kill her father. Marty Blaurock testified that he had overheard C.S. say that she wanted her father dead. C.S. testified, however, that she had never asked Blaurock or Johnathan to kill her father.
Blaurock further testified that he and Tammy had been having problems in their relationship during April and the first part of May 2005. Blaurock stated that he and Tammy were in the process of ending their relationship in May 2005. Nevertheless, Blaurock testified that he and Tammy had been having sex nearly every day between May 25 and June 1, 2005, and that he had never used a condom. Marty testified that Blaurock and Tammy were not getting along and that Tammy understood Blaurock was going to leave her.
Blaurock testified that his relationship with C.S. had been rough. According to Blaurock, C.S. had a lot of friends of which he did not approve, including her friend Derek. Blaurock testified that he had thrown Derek out of the house during April or the first part of May 2005 when C.S. did not want Derek to leave. Blaurock stated that he had tapped Derek on the shoulder and head with his foot and that he had verbally insulted Derek. Blaurock testified that he had been to Derek's house before June 1, 2005, asking Derek's mother and grandmother to keep Derek away from C.S. According to Johnathan, C.S. said she hated Blaurock because he would not let her see Derek anymore.
Blaurock testified that when the police came to the house on June 1, 2005, he thought they were there based on the incident with Derek. Blaurock testified that when he arrived home on the afternoon of June 1, 2005, he saw the police at the end of the street but did not hear anything as he was walking into the house or after he was inside the house. Blaurock testified that he has hearing loss in both ears. According to Blaurock, he walked out of the side door because he had noticed Tammy's car in the driveway, and he was going to look for her in the backyard. Blaurock testified that his statement to police, "Do you have any suggestions for life after this?" was made because he thought he was being arrested for assaulting Derek.
DNA Evidence
Barbara Crim-Swanson, a forensic biologist with the Kansas Bureau of Investigation (KBI) lab, testified that semen was identified on the vaginal swabs taken from C.S. during her exam at the University of Kansas Medical Center. The level of semen on the swabs indicated that sexual intercourse had taken place within 24 to 36 hours. Crim-Swanson testified that the major component of the mixed DNA profile on the vaginal swab was consistent with the DNA profile of Blaurock. The estimated frequency of that major component of the mixed DNA profile obtained from biological material occurring at random in the unrelated general Caucasian population was 1 in 67 quadrillion. As a result, Blaurock could not be excluded as a possible contributor of the major component of the mixed DNA profile.
Moreover, Crim-Swanson examined the DNA found in the two pairs of underwear collected from C.S. The DNA found in the underwear recovered from C.S.'s house on June 2, 2005, matched Blaurock's DNA in all 13 areas of DNA that were typed. In addition, the major component of the mixed DNA profile found in the underwear that C.S. wore to the hospital on June 1, 2005, was consistent with Blaurock's DNA profile.
After a 5-day trial, the jury found Blaurock guilty of rape from the May 25, 2005, incident; aggravated criminal sodomy from the June 1, 2005, incident; and sexual exploitation of a child from the June 1, 2005, incident.
I. Did the trial court err in admitting evidence of Blaurock's prior crimes?
First, Blaurock argues that the trial court erred in admitting evidence of his prior crimes, which consisted of both the conviction and the acquittals from his first trial.
When reviewing a trial court's decision to admit evidence, an appellate court first determines whether the evidence is relevant. Relevant evidence is "evidence having any tendency in reason to prove any material fact." K.S.A. 60-401(b). Thus, the evidence, to be relevant, also must be material. State v. Reid, 286 Kan. 494, Syl. ¶ 1, 186 P.3d 713 (2008). The standard of review of whether evidence is material is de novo. Reid, 286 Kan. at 505. The standard of review of whether the evidence is probative in the particular cases is reviewed under the abuse of discretion standard. Reid, 286 Kan. at 509. Finally, even if evidence is material and probative, the trial court must determine whether the evidence is unduly prejudicial. The appellate court reviews the determination of whether evidence is unduly prejudicial under the abuse of discretion standard. Reid, 286 Kan. at 509.
Here, before his second trial, Blaurock moved to exclude evidence of his conviction in the first trial for aggravated indecent liberties and evidence relating to the alleged sexual acts that occurred after April 30, 2005, and before May 25, 2005, of which he had been acquitted. Concerning the June 1, 2005, incident, Blaurock moved to prohibit the State's witnesses from testifying to any alleged sexual acts other than those encompassed in the aggravated criminal sodomy count. On the morning of his second trial, Blaurock also moved to exclude the DNA evidence from the alleged June 1, 2005, incident. This last motion was argued at the beginning of the second day of trial. The trial court denied Blaurock's motions in limine and allowed the evidence to be admitted.
At trial, the State presented testimony from C.S. about the sexual intercourse that occurred between her and Blaurock on June 1, 2005. In addition, Officer Pena, as well as the nurse and doctor at the hospital, testified about C.S.'s description of the June 1, 2005, sexual intercourse. Moreover, Officer Pena and D.P. testified that C.S. had said that Blaurock had "raped" her on June 1, 2005. Further, the State introduced the results of the DNA evidence recovered from the vaginal swabs and C.S.'s underwear after the June 1, 2005, incident.
Concerning the May 25, 2005, incident, the State presented a photograph of an adult male performing sodomy on a young female, which was not part of the subject criminal charges. Concerning the sexual acts that occurred after April 30, 2005, and before May 25, 2005, the State presented testimony from C.S. C.S.'s testimony about the sexual acts occurring during that time period was vague, with C.S. recounting only 1 specific incident when she and Blaurock had had sexual intercourse three times in one day after Blaurock had told her that she was pregnant. Even concerning that particular incident, C.S.'s testimony was very brief and did not include where the incident took place or whether Blaurock used any violence during the incident. The State also presented a videotape of C.S.'s interview at the Sunflower House in which C.S. referred to the alleged sexual acts that occurred after April 30, 2005 and before May 25, 2005.
A. Failure to make contemporaneous objection
When the other crimes evidence was presented to the jury, Blaurock failed to make a contemporaneous objection to the admission of the evidence. Moreover, Blaurock has failed to point to anywhere in the record where he made a continuing objection to the other crimes evidence. To preserve an issue relating to the admissibility of evidence for appeal, a party must make a timely and specific objection. K.S.A. 60-404. Even if there is an in limine ruling that the evidence is admissible, where an objection to the evidence is not made when it is introduced at trial, the defendant is generally precluded from challenging its admissibility on appeal. See State v. Carapezza, 286 Kan. 992, Syl. ¶ 7, 191 P.3d 256 (2008) (where defendant objected to evidence only on hearsay grounds, she failed to preserve for appeal the issue of the inadmissibility of the evidence under K.S.A. 60-455); State v. Francis, 282 Kan. 120, 138, 145 P.3d 48 (2006) (where defendant failed to object at trial to the admission of evidence under K.S.A.