State v. True

DUFRESNE, Active Retired Justice.

Gerald True was convicted of rape, 17-A M.R.S.A. § 252(1)(B)(1) (Pamph.1980), after a jury trial in the Superior Court (Cumberland County), and sentenced to ten (10) years in the Maine State Prison at Thoma-ston. The most telling evidence adduced against him at trial was testimony from the rape victim recounting her out-of-court identification of the defendant as the man who had raped her. Defense counsel had sought from the trial justice suppression of all evidence of identification of the defendant by the victim, the out-of-court identification as well as…