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PEOPLE OF MI V KENNON G HARRINGTON
State: Michigan
Court: Court of Appeals
Docket No: 176020
Case Date: 09/27/1996
Preview:STATE OF MICHIGAN
COURT OF APPEALS


PEOPLE OF THE STATE OF MICHIGAN, Plaintiff-Appellee, v KENNON GEORGE HARRINGTON, Defendant-Appellant.

UNPUBLISHED September 27, 1996

No. 176020 LC No. 93-125028-FH

Before: Marilyn Kelly, P.J., and Wahls and M.R. Knoblock,* JJ. PER CURIAM. Defendant was convicted in a bench trial of first-degree criminal sexual conduct (CSC), MCL 750.520b(1)(a); MSA 28.788(2)(1)(a). Defendant was sentenced to a term of two to twenty years' imprisonment and appeals as of right. We reverse. Defendant argues that the prosecutor improperly bolstered the credibility of the complainant. We agree. When questioning the complainant's mother, the prosecutor elicited the following testimony: Q [PROSECUTOR]: And when you got to the school did you have an opportunity to speak with [the complainant] and this Ms. Kolson at that time? A: Yes. Q: Based on your discussion with them did you come to an understanding of what the problem was or what the concern was that had been raised? A: Yes. Q: And what was your understanding of that? A: Ms. Kolson had told me that [the complainant] had told her that she had been improperly touched by my ex-husband. * Circuit judge, sitting on the Court of Appeals by assignment. -1

*** Q: Did you ask anybody else to become involved or to help you discuss this with [the complainant] about the information she had provided at least to that point? A: Yes I did. At that point I was real confused and I wanted [the complainant] to talk to a girlfriend who is a very good friend of our family and have [the complainant] talk to her. I didn't feel I could be objective so I asked her to talk to [the complainant]. Q: And do you know whether or not that actually took place? A: Yes it did. Q: And that girlfriend who you had [the complainant] talk to was whom? A: Lisa Ross. Q: That having been accomplished, was the information still the same from [the complainant] or had she said that it was fabricated? A: No. It was still the same.
* * *
Q: Did there come a point and time after that when you and [defendant] ever sat down and discussed the details of the incident at all? A: No. He basically
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