PEOPLE OF MI V THOMAS RAY FLETCHER
Annotate this Case
Download PDF
STATE OF MICHIGAN
COURT OF APPEALS
PEOPLE OF THE STATE OF MICHIGAN,
UNPUBLISHED
June 15, 2004
Plaintiff-Appellee,
V
No. 246442
Allegan Circuit Court
LC No. 02-012470-FH
THOMAS RAY FLETCHER,
Defendant-Appellant.
Before: Sawyer, P.J., and Gage and Owens, JJ.
MEMORANDUM.
Defendant appeals as of right his jury conviction on three counts of second-degree
criminal sexual conduct, MCL 750.520c. We affirm. This appeal is being decided without oral
argument pursuant to MCR 7.214(E).
The convictions were based on allegations by defendant’s sixteen-year-old daughter. The
victim testified that her father assaulted her on three different occasions by placing the victim’s
hand on his penis, and touching the victim’s breasts and vagina. In addition to the testimony of
these- three separate criminal acts, evidence was introduced that defendant, in the same time
frame, but in a separate incident, had engaged in an act of masturbation leading to ejaculation on
or near the victim’s body.
On appeal, defendant asserts that evidence of his masturbation near the victim was
improperly admitted bad acts evidence, and that the prosecutor presented improper rebuttal
testimony. Defendant failed to object; thus, this Court will review these issues for plain error.
People v Carines, 460 Mich 750, 752-753; 597 NW2d 130 (1999). To avoid forfeiture of the
issues, defendant must demonstrate error that affected his substantial rights. Id, 763-764. To
establish plain error, defendant must show that he was actually innocent or the error seriously
affected the fairness, integrity or public reputation of the judicial proceedings. People v Knox,
469 Mich 502, 508; 674 NW2d 366 (2004).
Had defendant objected to the bad acts testimony, it is likely that the evidence would
have been found to be admissible. Evidence of similar misconduct is logically relevant to show
that the charged act occurred where the uncharged conduct and the charged offense are
sufficiently similar to support an inference that they are manifestations of a common plan,
scheme, or system. People v Sabin (After Remand), 463 Mich 43, 63; 614 NW2d 888 (2000).
The prosecution was required to prove that the touching was for a sexual purpose. Evidence that
-1-
defendant masturbated near the victim was relevant to establish defendant’s intent. However,
even if the evidence was improperly admitted, it did not affect the outcome of the case because
the victim testified about the three charged incidents, and the uncharged incident did not give
inordinate weight to her other testimony.
Admission of rebuttal evidence is within the discretion of the trial judge and will not be
disturbed absent a clear abuse of discretion. People v Figgures, 451 Mich 390, 398; 547 NW2d
673 (1996). The test to determine if rebuttal evidence was properly admitted is not whether the
evidence could have been offered in the prosecutor’s case in chief, but whether the evidence is
properly responsive to evidence introduced or a theory developed by the defendant. Id. at 399.
Defendant attacked the victim’s credibility. He denied her accusations, and presented
evidence regarding his own reputation for honesty. Had defendant objected to the rebuttal
testimony, the trial court could have found that the evidence was properly responsive to
defendant’s case, and admissible in rebuttal. There is no showing of plain error affecting the
outcome of the case.
Affirmed.
/s/ David H. Sawyer
/s/ Hilda R. Gage
/s/ Donald S. Owens
-2-
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.