Fajeriak v. State

NESBETT, Chief Justice.

Appellant was convicted of the first degree murder of Anthony Rizzo upon the eye witness testimony of Dean Gamradt and *785James Benton.1 Appellant’s defense, as outlined in his counsel’s opening statement, was that Gamradt and Rizzo were both homosexuals who were strongly attracted to appellant and that Gamradt killed Rizzo because he was a competitor with Gamradt for the homosexual attention of appellant.

The first question to be resolved is whether the trial court unduly restricted the defendant-appellant’s right to cross-examine a state’s witness.

During the direct…