Under Washington law, evidence that a victim’s account of an alleged assault has remained consistent is inadmissible to corroborate the victim’s testimony. As outlined in Washington v. Kleinsmith, however, a failure to make a timely objection to inadmissible testimony will result in a waiver of the objection. In Kleinsmith, the Court of Appeals of the State of Washington upheld the defendant’s conviction for second-degree assault regardless of the fact the prosecutor introduced inadmissible testimony regarding the victim’s credibility, due to the defendant’s counsel’s failure to make a timely objection to the testimony. If you are charged with assault, it is essential to your defense to retain an experienced Washington assault defense attorney who will fight to have any inadmissible testimony precluded from evidence.
Facts of the Case
Reportedly, the defendant and her alleged victim were neighbors in an apartment building. The victim heard someone sag to “get out” as she walked past the defendant’s apartment, and when she turned around, she saw a woman with a butcher knife. The victim further alleged the woman began to chase her and screamed, “don’t come back.” The victim reported the incident to an employee in the building’s front office, who called the police. The victim described her assailant as a blonde woman wearing a t-shirt and shorts. When the police arrived, the building employee advised them that the defendant matched the physical description of the assailant.
Allegedly, the police repeatedly knocked on the defendant’s door, but she would not answer. The police eventually opened the defendant’s apartment with a key. When they entered the apartment, the defendant came from the back of the apartment and advised she was sleeping. The defendant was arrested and informed of her Miranda rights, after which she requested an attorney. She asked the officers to retrieve items from her apartment, and one of the officers noticed a large knife by the kitchen sink. As the defendant was escorted from the building, the victim advised the officers she was “one hundred percent” sure that the defendant was her assailant. The defendant did not testify at the trial. The building employee and arresting officer both testified and stated the victim’s story remained consistent. The defendant was convicted of assault in the second degree, after which she appealed.