People v. Morrow

Defendant was bound over on four counts of first-degree criminal sexual conduct, MCL 750.520b(l)(f); MSA 28.788(2X1X0, and one count of second-degree criminal sexual conduct, MCL 750.520c(l)(f); MSA 28.788(3X1)©, on the basis of his girlfriend’s testimony at the preliminary examination that defendant had repeatedly raped her. At the pretrial conference, however, defense counsel informed the court that the girlfriend had contacted counsel and stated her desire to recant her earlier testimony. The trial court permitted the girlfriend to testify under oath; she stated that she consented to have…