State v. Smith

651 P.2d 207 (1982)

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Nature of the Case

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Facts

Rachael was assaulted in a room at the Double D Motel. The police took her statement at the hospital, and Rachael stated that Smith (D) had assaulted her. Four hours later, Rachael went to the police station and talked about pressing charges. Rachael then wrote down in her own words, a statement describing the details of the assault and the identity of her attacker. Rachael's signed statement was taken before a notary and read an affidavit and oath and signed the affidavit. Later that same day Rachael was chased by D, and she ran to the manager's apartment screaming for help. Police were called when D took Rachael's car keys and departed. At trial, Rachael surprised everyone with the revelation that under the same details, that a Mr. Gomez had assaulted her and that D had only come to her aid. Rachael also testified that she had lived with D before and after the assault and that she had left D $150 for him at the jail for cigarettes, although she denied that he was her pimp. The prosecuting attorney was needless to say surprised and then introduced the written statement for impeachment purposes. The trial judge admitted the statements but then reconsidered under ER 801 (d)(1)(i) and granted a new trial. The State appealed from the new trial ruling.