People v. J.H.

I must respectfully dissent from the result reached in the majority opinion because I find that there is an adequate basis in the record to support the trial court’s finding of prosecutorial misconduct. In my opinion, the trial court was justified in dismissing the indictment for the reason that, while there may have been Some competent evidence to support the indictment, the minor’s testimony was rendered incompetent by the prosecutorial misconduct in obtaining the testimony.

In reaching its decision, the trial court made detailed findings of fact covering the events from the time the…