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The court denied the defendants' application to cross-examine the affiant of a wiretap authorization at a preliminary hearing.
This is a Dawson Motion brought by multiple defendants in a drug and firearm investigation known as Project Wheeler.
The defendants sought leave to cross-examine the affiant who deposed to the affidavit in support of a wiretap authorization granted by a Superior Court judge.
The defendants challenged two areas: claims about possession of firearms and statements that observations about meetings were indicative of drug trafficking.
The court dismissed the application, finding that the defendants failed to demonstrate how cross-examination would undermine the preconditions for the wiretap authorization and that the allegations of sweeping generalizations and circular reasoning were not relevant to an attack on facial validity in the circumstances presented.
Accused convicted of single sexual assault based on own admission despite inconsistencies.
The accused, a young person at the time of the events, was charged with multiple sexual assaults against a younger cousin occurring between 2003 and 2008.
The complainant disclosed the allegations years later and provided evolving accounts during police interviews, discussions with Crown counsel, and trial testimony.
The court found significant inconsistencies between prior statements and trial evidence, raising reasonable doubt about many alleged incidents.
However, the accused had provided a videotaped police statement admitting to a single incident involving sexual touching when he was thirteen and the complainant was seven.
Relying on that admission and finding the complainant confused but not dishonest, the court convicted the accused of sexual assault for that incident.
