Evidence keyed to Waltz
People v. Mountain
Facts
The plaintiff was being held for arraignment in a detention cell at a police station. The defendant was a police officer who was assigned to the station as a telephone operator. The defendant made several attempts to communicate with the plaintiff and even offered to help her pay her bail. On Sunday afternoon the defendant came to the plaintiff’s cell and threatened to kill her if she screamed. The defendant proceeded to rape her. The plaintiff was able to retain semen evidence of the defendant and produced it for a hospital test. At trial, evidence showed that the semen came from a man with the blood type “A”. The defendant successfully objected to the introduction of evidence of his blood type and claimed that the plaintiff was only suing him to recover a substantial monetary amount. The jury found the defendant guilty of rape, sodomy and official misconduct.
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