State v. Derouin

The State contests the trial court’s order suppressing a statement signed by the alleged victim, Michelle Derouin. Michelle’s husband, Boyd M. Derouin was charged with domestic violence harassment. On the evening of the alleged crime, Michelle gave a statement to police claiming that Derouin had threatened her and destroyed personal property. Prior to trial, Michelle denied any knowledge of the alleged incident or her statement. The trial court denied the State’s motion to admit the statement *40under ER 803(a)(5) as a past recorded recollection. The trial court, in its cautious ruling, erred as…