IN RE PERSONAL RESTRAINT OF GRASSO

No. 72588-8.

84 P.3d 859 (2004)

151 Wash.2d 1

In the Matter of the PERSONAL RESTRAINT Petition OF Vincent Peter GRASSO, Petitioner.

Supreme Court of Washington, En Banc.

Decided February 5, 2004.


Attorney(s) appearing for the Case

Suzanne Elliott, Seattle, for Petitioner.

James Krider, Snohomish County Prosecutor, Mary Webber, Deputy, Everett, for Respondent.


OWENS, J.

Vincent Grasso was convicted of first degree child rape and first degree child molestation in 1994. The victim, Grasso's five year old daughter, R.G., took the stand at his trial. In his personal restraint petition, Grasso argues that because the prosecutor gave R.G. permission to answer some questions with "I don't want to talk about it," R.G. did not "testify" within the meaning of the child hearsay statute, and...

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