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Evidence Keyed to Park
Gagne v. Booker
Citation:
680 F.3d 493Facts
In July 2000, Lewis Gagne and his friend Donald Swathwood had decided to move from Michigan to California. Gagne was unemployed and his turbulent six-month relationship with his former-girlfriend, P.C., had ended three weeks earlier. On July 3, 2000, Gagne, Swathwood, and another friend, Stout, were out for a good time. When their car ran out of gas, they walked to P.C.‘s house and found her there drinking. Upon their return, P.C. began to have sex with Gagne, whereupon Swathwood joined in. P.C. engaged in fellatio, vaginal intercourse, and anal intercourse with both men. She also engaged in fellatio with Stout briefly. Later that afternoon, P.C. called the police and accused Gagne and Swathwood of rape. The State charged Gagne and Swathwood with three counts of first-degree criminal sexual misconduct. Stout was not charged. The judge did not allow evidence that, on another occasion in June 2000, P.C. and Gagne had engaged in group sex with another man, because these incidents involved a person not involved in the incident being charged.
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