The tape-recorded statements may have provided additional ammunition for impeachment of defendant's wife, but defense counsel managed quite extensive impeachment of defendant's wife without the tape. Although the statements may support defendant's claim that defendant's wife was romantically involved with the sheriff, the statements do not undermine the credibility of the State's other witnesses, including the two children. Nor do the statements explain a principal flaw in the defense theory, namely that defendant's wife began complaining of abuse more than two years before the sheriff entered the investigation. Considering the overall strength of the case against defendant, the trial court did not abuse its discretion in denying defendant's motion for a new trial. Defendant faced thirteen counts of simple assault and one count of lewd and lascivious conduct.
Defendant also points to three items of testimonial evidence excluded by trial court.
First, the acquaintance would have testified further that defendant's wife made statements to her regarding the sheriff's sexual performance. The acquaintance's testimony about the affair was properly admissible to impeach defendant's wife, but we agree with the trial court that the additional testimony was cumulative, unnecessary, and likely to distract the jury. Second, defendant sought to present testimony of a bank official that the sheriff had tried to subpoena defendant's bank records back to 1970. The state's attorney explained that the subpoena, which specifically requested name changes on the account, was an attempt to verify allegations that defendant had controlled the family finances and kept his wife's name off the family bank accounts. The trial court, within its discretion under V.R.E. 403, properly concluded that the probative value of the evidence, if any, was outweighed by its prejudicial impact.