State v. Hunsaker

— A commissioner granted the State’s motion for discretionary review of a superior court order prohibiting a State’s witness from testifying at trial. The matter was referred to a panel of judges for a decision on the merits. We reverse the decision of the Superior Court and remand.

Facts

The State alleges that on October 6, 1993, Robert Hunsaker offered a 7-year-old boy quarters to play video games at a video arcade. As the boy played the games, Hunsaker rubbed his genitals against the boy’s hand. The boy does not remember whether Hunsaker had an erection at the time. After the boy finished…