State v. Binkin

Oleg Binkin appeals his conviction for one count of felony harassment arising from an incident during which he telephoned his estranged wife, Zinaida (Zena), and threatened to kill her. Binkin contends the trial court erred in admitting evidence under ER 404(b) and ER 403 of his prior threat to harm Zena’s unborn child. He further contends the prosecutor committed misconduct by remarking that it was easy for Binkin to simply deny the charges against him. We hold that, while the court erred in failing to determine whether Binkin made the prior threat before admitting testimony about it, the…