State v. Acquisto

463 A.2d 122 (R.I. 1983)

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Nature of the Case

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Facts

Christina, was asleep and was awakened by a loud pounding on her apartment door. A voice from the other side of the door yelled, 'Chris, let me in. If you're alone, you let me in. If you're not alone, I'm going to break it in.' Christina recognized the voice as that of D, with whom she had had a romantic relationship approximately five months earlier. Christina opened the door. D seized Christina at the hips, grabbed her hair, and forced her to the floor. She testified that resistance was unavailing and that D forced her to have sexual intercourse with him. D presented evidence of an alibi. D's mother, Mrs. Julia Griffin, and Mrs. Ann Callahan, both of whom were employed as stipendiary volunteers (senior companions) at the Institute of Mental Health (IMH) during the period in issue, testified that they had seen D at home when the assault was alleged to have occurred. They both testified that they were home that morning since the employees of the IMH were on strike, and therefore they were not able to go to work. In rebuttal, the state presented Mrs. Judge who testified that she was the custodian of records for the Department of Elderly Affairs. She testified that she received payroll vouchers from the IMH which were signed by Mrs. Griffin and Mrs. Callahan. These vouchers were offered in evidence and tended to show that Mrs. Griffin and Mrs. Callahan worked during the morning of September 27. These vouchers further indicated that the strike at the IMH was not in progress on September 27 but had occurred the prior week, September 17 through September 19. D objected to the records as hearsay and that they do not meet the common-law standards for introduction of business records wherein everyone in the chain of information had to testify. D was convicted and appealed.