STATE V. SMITH
651 P.2d 207 (1982)
NATURE OF THE CASE: This was a dispute over the admission of a prior notarized police
complaint. On certification from the appellate court, State (P) appealed an order that
granted a new trial for Smith (D) after the jury had convicted him of assault in the second
degree. The trial court found that Wash. R. Evid. 801(d)(1)(i) did not authorize the
admissibility of the victim's statement in which she had identified another man as her
attacker.
FACTS: Rachael was assaulted in a room at the Double D Motel. The police took her
statement at the hospital and Rachael stated that Smith (D) had assaulted her. Four hours
later, Rachael went to the police station and talked about pressing charges. Rachael then
wrote down in her own words, a statement describing the details of the assault and the
identity of her attacker. Rachael's signed statement was taken before a notary and read an
affidavit and oath and signed the affidavit. Later that same day Rachael was chased by D and
she ran to the manager's apartment screaming for help. Police were called when D took
Rachael's car keys and departed. At trial, Rachael surprised everyone with the revelation
that under the same details, that a Mr. Gomez had assaulted her and that D had only come to
her aid. Rachael also testified that she had lived with D before and after the assault and
that she had left D $150 for him at the jail for cigarettes, although she denied that he was
her pimp. The prosecuting attorney was needless to say surprised and then introduced the
written statement for impeachment purposes. The trial judge admitted the statements but then
reconsidered under ER 801 (d)(1)(i) and granted a new trial. The State appealed from the new
trial ruling.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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