State v. Hart

The issue is whether under OEC 403 1 a defendant in a criminal trial is entitled to have certain statements excluded that he made to a police officer in a pre-polygraph test interview.

We take the facts from the Court of Appeals opinion. Defendant was charged with first degree rape. Prior to the indictment, Detective Stephenson came to defendant’s place of business to investigate defendant’s role in the alleged rape. He advised defendant that he was not under arrest, that no charges were pending against him, and that he was free to leave at any time. Defendant acknowledged having had sexual…