State v. Peltier
Decision Date | 12 April 2016 |
Docket Number | No. 20150274.,20150274. |
Citation | 878 N.W.2d 68 |
Parties | STATE of North Dakota, Plaintiff and Appellee v. Cameron Lee PELTIER, Defendant and Appellant. |
Court | North Dakota Supreme Court |
Kelly A. Dillon, Assistant State's Attorney, Minot, ND, for plaintiff and appellee.
Samuel A. Gereszek, East Grand Forks, MN, for defendant and appellant.
[¶ 1] Cameron Lee Peltier appeals after a jury found him guilty of gross sexual imposition. Peltier argues the district court abused its discretion in excluding evidence of prior sexual abuse. We affirm the criminal judgment.
[¶ 2] Peltier was charged with gross sexual imposition for alleged sexual contact with a minor less than fifteen years of age. Peltier alleges the minor's mother told law enforcement that the minor may have been touched inappropriately by a cousin five years earlier. A forensic interviewer allegedly asked the minor whether she had ever been touched in a manner that made her feel unsafe and she said she had not. Before trial Peltier moved, under N.D.R.Ev. 412, to admit evidence the minor had been sexually assaulted by her cousin. Peltier alleged the minor's failure to disclose a prior incident of abuse during the forensic interview was a prior inconsistent statement and therefore admissible under N.D.R.Ev. 613 for impeachment. The district court found Peltier failed to establish that the minor made inconsistent statements or that his constitutional rights would be violated by the exclusion of such evidence. The district court denied Peltier's motion and he appeals.
[¶ 3] Peltier argues the district court abused its discretion excluding evidence of previous sexual abuse. In our review, we recognize:
Davis v. Killu, 2006 ND 32, ¶ 6, 710 N.W.2d 118 (internal citations omitted).
[¶ 4] Before trial Peltier moved to admit evidence of prior abuse under N.D.R.Ev. 412, which provides:
[¶ 5] Peltier argues the N.D.R.Ev. 412(b)(1)(C) exception applies because his constitutional right to confront witnesses against him was violated when he was prevented from exploring a contradiction between the minor's mother's statements to law enforcement and the minor's statements in a forensic interview.
State v. Kautzman, 2007 ND 133, ¶ 27, 738 N.W.2d 1 (quoting State v. Osier, 1999 ND 28, ¶ 33, 590 N.W.2d 205 ). Peltier had opportunity to confront his accuser. The minor testified at trial and Peltier cross-examined her about inconsistencies in reporting incidents with Peltier, as well as her relationship with Peltier and a possible motive for lying about the abuse. Peltier failed to show how excluding her mother's alleged statements prevented him from confronting his accuser. Merely...
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