State v. Demery

Summary

The Washington Supreme Court, en banc, held that police officers' statements during a taped interview accusing the defendant of lying do not constitute impermissible opinion testimony regarding his veracity, because such statements are not made under oath at trial and are part of a common interview technique; the court further held the statements were admissible to provide context for the defendant's responses. It therefore reversed the Court of Appeals and affirmed Demery's convictions for first degree robbery and one count of first degree kidnapping. Chief Justice Alexander concurred in the result on the ground that any error in admitting the statements was harmless, and Justice Sanders dissented, arguing that ER 608(a) bars opinion evidence, not merely sworn testimony, attacking a witness's credibility.