RHODE ISLAND CRIMINAL DEFENSE A Practice Manual – Manufacturing Issue on Cross

RHODE ISLAND CRIMINAL DEFENSE
A Practice Manual, 4th Edition
© John E. MacDonald

CROSS-EXAMINATION

Manufacturing Issue on Cross

State v. O’Dell, 576 A.2d 425 (R.I. 1990). On cross-examination of defendant accused of first-degree sexual assault, the state asked questions about a conversation between the complainant’s daughter and defendant that were far beyond the scope of direct. The state subsequently presented a rebuttal witness to impeach defendant’s credibility with testimony that was otherwise inadmissible. R.I.S.C. reversed and remanded.

• In this case, the state failed to disclose a witness statement and brought such statement forward for the first time in rebuttal as a result of the cross-examination of defendant.

• “We recognize that evidence that may not be admissible in the prosecution’s case in chief may be used in rebuttal in order to counter false statements made by the accused in the course of his direct testimony.The prosecution may not manufacture an issue in the course of cross-examination for the purpose of impeaching the credibility of defendant by the use of evidence or testimony that would otherwise be inadmissible.” Id. at 429.

State v. McDowell, 620 A.2d 94 (R.I. 1993). In a child molestation case with five complainants, the trial court refused to allow 404(b) testimony regarding uncharged acts with a sixth potential complainant. Prosecutor cross-examined defendant about the uncharged acts and then introduced rebuttal testimony through the potential complainant. R.I.S.C. reversed.

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