State v. McGhee.

OPINION OF THE COURT BY

POLLACK, J.

During closing argument in the defendant’s bench trial, the prosecutor read a portion of the complainant’s prior statement to the police although its contents had not been admitted into evidence. We conclude that the reading of the statement violated the defendant’s substantial rights. We also clarify that evidence proffered in a terroristic threatening prosecution of the presence or absence of the complainant’s fear, that is incidental to the defendant’s alleged words or conduct, is relevant to the “true threat” and state of mind requirements of this offense.