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Evidence keyed to Waltz
United States v. Platero
Facts
Susan Francis (“Ms. Francis”), and her co-worker, Vernon Laughlin (“Mr. Laughlin”), went to a bar in Gallup, New Mexico on September 1, 1992. They left the bar together around 12:30 am. The defendant, an employee of Gallup Security Service, pulled the two over. He pretended to be a police officer and made Mr. Laughlin leave the car and start walking. He put Ms. Francis in his car claiming he was “taking her in” for Driving While Intoxicated (“DWI”). The defendant drove the car ten minutes away and raped Ms. Francis twice, and forced her to have oral sex. The defendant drove Ms. Francis back to her car and dropped her off. Mr. Laughlin drove Ms. Francis to hospital and Ms. Francis told him she was raped. The defendant’s defense theory was that the sex was consensual, and Ms. Francis lied to protect her relationship with Mr. Laughlin. The defendant sought to introduce evidence of Ms. Francis’ past sexual behavior in order to show that she and Mr. Laughlin had a relationship. Ms. Francis and Mr. Laughlin admitted to becoming intimate after the rape, and that they were living together at the time of the trial. A former girlfriend of Mr. Laughlin believed they had been having an affair for a longer period of time. The district court did not allow this evidence. The Tenth Circuit Court of Appeals previously reviewed this case in Platero I. In Platero I, the case was remanded for the district court to determine the factual issue of whether there was a relationship between Ms. Francis and Mr. Laughlin. On remand, the district court determined that no sexual relationship existed between Ms. Francis and Ms. Laughlin.
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