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STATE v. WIGG

No. 03-501.

889 A.2d 233 (2005)

2005 VT 91

STATE of Vermont v. Donald J. WIGG.

Supreme Court of Vermont.

Motion for Reargument Denied October 6, 2005.

Attorney(s) appearing for the Case

David W. Gartenstein, Windham County Deputy State's Attorney, Brattleboro, for Plaintiff-Appellee.

Kimberly B. Cheney of Cheney, Brock & Saudek, P.C., Montpelier, and Jeffrey C. Kestenband and William H. Paetzold of Moriarty Paetzold & Babcock, L.L.C., Glastonbury, CT, for Defendant-Appellant.

Present: REIBER, C.J., DOOLEY, JOHNSON and SKOGLUND, JJ., and ALLEN, C.J. (Ret.), Specially Assigned.

¶ 1. DOOLEY, J.

Defendant, Donald Wigg, appeals a jury conviction for lewd and lascivious conduct. He claims that: (1) his constitutionally-based presumption of innocence was violated when the trial court permitted a police detective to repeatedly refer to the complainant as the "victim" during testimony; (2) the trial court abused its discretion in excluding testimony from his expert witness on how the interviews of the complainant failed to satisfy the scientifically...

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