State v. Memoli
18 A.3d 567
Vt.2011Background
- Memoli was convicted by jury of aggravated sexual assault under 13 V.S.A. § 3253(a)(2).
- Defense sought to introduce complainant’s prior and subsequent crack-cocaine use to show consent-for-drugs motive; court precluded this evidence.
- Trial defense argued complainant’s drug history showed motive to consent and impeach credibility; state argued it was irrelevant to consent.
- Court granted in limine exclusion of such evidence, relying on rape shield law and lack of relevance.
- On appeal, Memoli contends exclusion prevented presenting his defense; the majority reverses, granting a new trial.
- The court also addressed whether lewdness is a lesser-included offense of aggravated sexual assault and concluded it is not, thus no instruction required.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Admissibility of prior/subsequent drug use to prove consent | State argued drug use prior to/after has no relevance to consent | Memoli argued drug use shows motive to consent for drugs and impeaches credibility | Exclusion error; evidence relevant to defense requires remand for new trial. |
| Rape-shield basis for exclusion | State relied on rape shield to bar evidence | Defense contends rape shield not applicable to drug-use evidence | Rape shield rationale improper; exclusion reversed. |
| Relevance under Rules 401/403 | Evidence relevant to motive and credibility of complainant | Evidence admissible to support defense theory | Evidence was probative and its exclusion was error. |
| Lewdness as lesser-included offense of aggravated sexual assault | N/A (State argues no need) | Beaudoin dictates whether lewdness is lesser-included | No error; lewdness not a lesser-included offense; no instruction required. |
Key Cases Cited
- State v. Beaudoin, 2008 VT 133 (Vt. 2008) (defines open and gross lewdness and lesser-included-offense framework)
- In re A.B., 170 Vt. 535 (Vt. 1999) (relevance of ulterior motive in credibility determinations)
- State v. Forbes, 147 Vt. 612 (Vt. 1987) (defines lesser-included-offense concepts)
- State v. Cartee, 161 Vt. 73 (Vt. 1993) (necessity of motive/credibility evidence in sex cases)
- State v. Patnaude, 140 Vt. 361 (Vt. 1981) (rape shield policy and past sexual conduct concerns)
- State v. Koveos, 169 Vt. 62 (Vt. 1999) (waiver of evidentiary objections when ruling is tentative and not preserved)
- State v. LeClaire, 2003 VT 4 (Vt. 2003) (broader due process limits on relevance of evidence)