Rainville v. State

McAULIFFE, Judge.

In a difficult case involving charges that the defendant raped and otherwise sexually abused a seven-year-old girl, a State’s witness testified that several weeks after the alleged assault the defendant was “in jail for what he had done to Michael [the victim’s nine-year-old brother].” Defense counsel, who had earlier filed a motion in limine asking that the court order the prosecutor and the State’s witnesses not to make any reference to charges or incidents involving the defendant and Michael, moved for a mistrial. The trial judge denied the motion, and instructed the jury…