State v. Sullivan

Defendant, a Tri-Met bus driver, is charged with public indecency, ORS 163.465. The state appeals from a pretrial order excluding evidence of defendant’s past sexual behavior. Defendant cross-appeals, challenging the portion of the pretrial order that denied his motion to admit exculpatory polygraph evidence. On the appeal, we affirm in part and reverse and remand in part; we affirm on the cross appeal.

The indictment alleges that DH, a mentally handicapped woman who was not herself charged, performed an act of oral sex on defendant in the rear of a Tri-Met bus during a layover. Before trial,…