Nature of the Case
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Facts
Lemay (D) resided at the home of his sister. She had two minor boys aged 5 and 7. When he babysat for the children, D made both of them orally copulate with him and threatened to beat them up if they told anyone. They told their mother the next day. She did not let D baby-sit anymore, but she also did not take the children to a doctor or a counselor. Two years later, police discovered the incident and investigated. D was charged with child molestation. The prosecutor gave notice under 414 that she was going to introduce evidence of D’s prior acts of sexual misconduct. D had been found guilty of the rape of a two-year-old girl. At trial, both the boys were called and so to was their mother. D took advantage of the lack of forensic evidence and questioned the motives for the boys to lie as they were in foster care and may want to lie to be reunited with their parents. The prosecution then called the mother of the daughter that D had been convicted of raping when he was a juvenile. D was found guilty on both counts. This appeal resulted.
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