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: Click the LawCourt nixes new rape trial in dispute over poem
By (Click The Law)
A court has overturned a decision granting a new trial to a convicted rapist who claimed his rights were violated when a poem written by the victim was kept out of evidence during trial in Wayne County.
The poem expressing regret about alcohol and sex was written before the woman's encounter with Dustin Wiecek in 1999.
A federal judge says the exclusion hurt Wiecek's ability to fully confront his accuser at trial about her personal life. But a U.S. appeals court on Wednesday disagreed, saying Wiecek's lawyer had much opportunity to challenge the woman's credibility.
Wiecek was accused of using GHB, known as a date-rape drug. He's already served 41 months in prison, more than the minimum sentence. He's been free on bond since fall 2009.
Full post as published by Click the Law on March 24, 2011 (boomark / email).
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