Answered step by step
Verified Expert Solution
Question
1 Approved Answer
In its written decision and order, the trial court held that the evidence presented by the People demonstrated more than 188*188 criminal propensity, but ...
In its written decision and order, the trial court held that the evidence presented by the People demonstrated "more than 188*188 criminal propensity, but ... an actual link between the two offenses." The court noted that the victims of the two offenses "so closely resemble[d] each other ... as to be virtual twins," and that "[c]ertain distinctive patterns of behavior employed by the [d]efendant on each occasion match to an extraordinary degree." Moreover, the court concluded that the expert testimony at the Ventimiglia hearing demonstrated that "[d]efendant was not merely re-offending, but in fact suffered from a fixated fantasy" and had "transferred his fixation and fantasy from victim number one to victim number two and [was] now re-living the previous sexual encounter." Based on that expert testimony, the court concluded that "the [d]efendant's fixation with the first victim is proof of his intent with regard to the second." The court stated that it was aware of the potential for prejudice, but was "satisfied that, with careful limitations and adequate caution to the jury, some facts from the earlier case can be utilized to show a unique connection between the two offenses" and that expert testimony would help a jury "to understand what factors should be considered, or discounted, in assessing those facts and that connection." Under the circumstances presented here, we cannot say that the trial court abused its discretion as a matter of law in admitting evidence of defend
Step by Step Solution
There are 3 Steps involved in it
Step: 1
Get Instant Access to Expert-Tailored Solutions
See step-by-step solutions with expert insights and AI powered tools for academic success
Step: 2
Step: 3
Ace Your Homework with AI
Get the answers you need in no time with our AI-driven, step-by-step assistance
Get Started