prosecutrix

The appellant contended that the trial was rendered unfair as a result of the conduct of the prosecutrix. She accused the prosecutrix of having a conversation with members of the jury in which the prosecutrix was alleged to have pointed out certain items on a flip chart that was erected in the court for the purposes of the trial. This was alleged to have occurred shortly before the trial judge entered the court to resume the trial on the morning of June 9, 2004.

In October of 1992 the prosecutrix was 14 years old and in the 9th grade at West Mecklenburg High School. The prosecutrix lived with her parents and her younger sister in Charlotte. Defendant resided two houses away. Defendant was 18 years old and would sometimes come to visit the prosecutrix's father who restored old cars. The prosecutrix had seen the defendant at her father's garage several times and had also seen him inside the house on several occasions when he had used the bathroom.

The prosecutrix and appellant were discovered together in the prosecutrix’ bedroom by Ms. Morales, the prosecutrix’ roommate and a key government witness. The prosecutrix was partially dressed and was unconscious. Upon awakening, the prosecutrix claimed that appellant had forced himself on her.