State of Maine v. Fabien A. Pelletier

[¶1] Fabien A. Pelletier appeals from a judgment of conviction entered by the trial court (Aroostook County, Stewart, J. ) on three counts of gross sexual assault of a person under the age of fourteen (Class A), 17-A M.R.S.A. § 253(1)(B) (Supp. 2002), 1 and two counts of unlawful sexual contact (Class C), 17-A M.R.S.A. § 255(1)(C) (Supp. 2002), 2 following jury verdicts of guilty on each offense. Pelletier contends that the prosecutor committed misconduct during opening statements by telling the jurors that they would hear inculpatory testimony that was ultimately never elicited at trial. He…