State v. Behrendt

Opinion of the court by

RECKTENWALD, J.

Defendant Robert Behrendt, also known as Running Bear, was convicted of sexual assault for conduct involving SI, a minor under the age of 16. We must decide whether evidence of sexual contacts between Beh-rendt and SI that occurred prior to the conduct charged in this case was admissible under Hawaii Rules of Evidence (HRE) Rules 404(b) and 403, cited infra. For the reasons set forth below, we conclude that the Circuit Court of the Third Circuit1 did not err in admitting that evidence.

*93SI grew up in Kona, Hawai'i, but moved to South Dakota when she was 11…