Opinion
Nos. 103741, 105239.
July 5, 1996
Leave to Appeal Denied July 5, 1996:
Court of Appeals No. 168150.
We would grant leave to appeal.
I would grant leave to appeal.
The complainant portrayed herself as a woman who indulged the defendant in maintaining a sexual relationship with him. The videotape, made with her knowledge, might show that she was indulging herself as well. The jury should have been permitted to decide whether she was faking it when the video was made or when she was testifying.
The video could have been redacted so that it showed no more than appears on some movies shown on premium cable stations after 11:00 P.M.
Reconsideration denied August 30, 1996.
We would grant reconsideration and, on reconsideration, would grant leave to appeal.