People v. Pesquera

I respectfully dissent. I believe the trial court abused its discretion in permitting the children to testify by videotape and in admitting other acts testimony under MRE 404(b)(1). I would reverse.

While the children’s mothers testified that the children were afraid of defendant and of the courtroom setting, the children themselves did not testify at the hearing that they would be unable to testify in defendant’s presence. The record belies the prosecutor’s claim that the children were unable to testify in the courtroom setting. Significantly, following their testimony, the children were able…