State v. Spooner

CLIFFORD, Justice.

Pursuant to 15 M.R.S.A. § 2115-A (1980 & Supp.1994), the State appeals from a judgment entered in the Superior Court (Aroos-took County, Pierson, J.) granting Spooner’s motion for a new trial pursuant to M.R.Crim.P. 33 following a trial at which a jury found him guilty of gross sexual assault, 17-A M.R.S.A. § 253 (1983 & Supp.1994), and unlawful sexual contact, 17-A M.R.S.A. § 255 (1983 & Supp.1994). Because we agree with the State’s contention that the trial court erred in finding that the testimony of the complaining juvenile witness was so unreliable that a jury acting…