P. v. Gruel
Defendant Metin Reza Gurel appeals from his convictions for rape and forcible oral copulation, contending there was insufficient evidence of the victims lack of consent to support those convictions. We disagree. There was substantial evidence that defendant committed rape and forcible oral copulation by means of duress, menace, and fear of immediate bodily injury. We therefore affirm the judgment. (Defendant does not challenge his convictions on three counts of making criminal threats, domestic battery, and stalking, conceding the evidence of those crimes was sufficient.)
Defendant also petitions for a writ of habeas corpus. Before and after defendants trial, the prosecuting attorney was having a sexual relationship with a police officer who investigated this case and testified at trial. Defendant contends the failure to provide this allegedly exculpatory evidence to him constituted a violation under Brady v. Maryland (1963) 373 U.S. 83 (Brady). We conclude the evidence would not have been material, and defendant has failed to show a reasonable probability it would have changed the outcome of the trial. Court deny defendants petition.
Comments on P. v. Gruel