STATE v. KITZMAN

CC 922182; CA A77967; SC S41724, S41793.

920 P.2d 134 (1996)

323 Or. 589

STATE of Oregon, Respondent on Review/Petitioner on Review, v. Mark Michael KITZMAN, Petitioner on Review/Respondent on Review.

Supreme Court of Oregon.

Decided July 18, 1996.


Attorney(s) appearing for the Case

Alan M. Dershowitz, Cambridge, Massachusetts; Victoria B. Eiger, of Dershowitz & Eiger, P.C., New York City; and Lawrence Matasar, Portland, argued the cause and filed the briefs for petitioner on review/respondent on review. With Ms. Eiger on a brief was Nathan Z. Dershowitz.

Virginia L. Linder, Solicitor General, Salem, argued the cause for respondent on review/petitioner on review. With her on the briefs were Theodore R. Kulongoski, Attorney General, and Ann Kelley, Assistant Attorney General.

Before CARSON, C.J., and GILLETTE, VAN HOOMISSEN, FADELEY, GRABER, and DURHAM, JJ.


GRABER, Justice.

A jury convicted defendant of 14 counts of rape,1 sexual abuse,2 and unlawful sexual penetration,3 involving three children: M, who is defendant's son, and L and L2, who are the daughters of a woman with whom defendant was romantically involved. At the time of trial, M was six, L was eight, and L2 was three; the events leading to the convictions had occurred several...

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