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RHODE ISLAND CRIMINAL DEFENSE
A Practice Manual, 4th Edition
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State v. Plunkett, 497 A.2d 725 (R.I. 1985). Defendant charged with embezzling money from the town of Richmond. Her defense was that the town’s accounting procedures were sloppy by nature and any discrepancies were good faith mistakes. Court refused to allow cross of state’s expert witness and R.I.S.C. reversed.
State v. Soto, 477 A.2d 945 (R.I. 1984). In attempting to cross-examine the state’s witness as to the victim’s reputation for violence, the trial court required defense counsel to make an offer of proof to “produce evidence to corroborate the threats.” R.I.S.C. reversed.
State v. DeBarros, 441 A.2d 549 (R.I. 1982). In a trial involving an assault at the A.C.I., defendant attempted to cross-examine the complainant as to his intent to sue the state of R.I. The trial judge refused to allow cross and R.I.S.C. reversed.
State v. Peoples, 996 A.2d 660 (R.I. 2010). Defendant was not able to make an offer of proof before presenting a third-party perpetrator defense at his trial on child molestation charges. Unable to produce any evidence or even the identity of the alleged perpetrator, the defendant was prohibited from asking the boy’s aunt whether any other men spend the night at her apartment. R.I.S.C. affirmed.
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