State v. Hooper

Defendant, who was convicted of sexual assault pursuant to 13 V.S.A. § 3252(3), appeals his conviction. Defendant argues that the trial judge abused his discretion in excluding allegedly relevant scientific evidence. As to part of the evidence, a semen sample, we find that the trial court made a correct evidentiary ruling. As to the other part of the evidence, the absence of defendant’s hair on the victim’s body, we find that the defendant failed to raise and preserve the issue below. Therefore, we affirm.

The sexual assault occurred late on the night of May 15, 1986, when defendant gave the…