In State of West Virginia v. Bolen, (W.Va. Sup. Ct., June 16, 2006) (majority opinion; dissent), the Supreme Court of Appeals of West Virginia ordered a new trial in the case of Matthew Bolen who had been sentenced to prison for first degree sexual assault. The state charged that when Bolen was 16, he repeatedly engaged in oral sex with a 7 year old neighbor boy.
Throughout the trial, the prosecution made extensive remarks about the victim's spiritual commitment, faithful church attendance and missionary activities. In his closing statement to the jury, the prosecutor suggested that a person as religious as the victim would not lie and risk burning in Hell for doing so. The Supreme Court found the trial judge committed plain error and the prosecutor acted improperly in ignoring West Virginia Rule of Evidence 610 which provides: "Evidence of the beliefs or opinions of a witness on matters of religion is not admissible for the purpose of showing that by reason of their nature the witness' credibility is impaired or enhanced."
Justice Maynard dissenting said that Bolen's counsel never objected at trial to the state's references toBolen'ss religion. Today's Charleston (W. Va.) Daily Mail reports on the decision.
