Original Case Details
An individual was charged with criminal sexual conduct in the first degree upon the accusation that he threatened an 11-year-old girl with a belt, forcing sexual penetration on the girl. The girl told her brother about this accusation, and they both went to the police. The defendant voluntarily went to the police department and answered questions from the police for approximately three hours. The entire interrogation was recorded on videotape, but the videotape was never admitted into evidence at trial. During the trial, a detective testified that the defendant said that the truth was “probably somewhere in the middle” of the defendant and alleged victim’s story.
Defense counsel cross-examined the detective on this statement, asserting that this statement was actually made by a detective, and not the defendant himself. Defense counsel requested the court show the video to the jury, but the prosecutor objected, and the judge refused to allow the video into evidence. The defendant was convicted at the conclusion of the trial and sentenced to 25-60 years in prison. On appeal, the Michigan Court of Appeals viewed the video and found that the detective, in fact, made the statement in question, not the defendant.