State v. Galliano

On June 9, 1992, Lynn Paul Galliano (defendant) and a 39-year-old woman were helping Tammy Baudoin move into an apartment next door to the woman’s residence. Later that day, Galliano and the woman went to a lounge together. The woman later asked Galliano to take her home, but Galliano took the woman to Galliano’s house instead and raped the woman at gunpoint. The State of Louisiana (plaintiff) charged Galliano with aggravated rape. At trial, Galliano’s counsel informed the trial court that Galliano intended to call Laurie Clement to testify that during a previous relationship between Clement and Galliano, Galliano never raped Clement or tried to have nonconsensual sex with Clement. The trial court implied that Clement’s testimony was admissible, but the court stated that if Clement testified that she and Galliano had only consensual sexual relations, the prosecution could call Baudoin to testify in rebuttal that Galliano allegedly raped Baudoin three months before he raped the woman. Galliano’s counsel objected to the court’s ruling and decided not to call Clement as a witness. The jury found Galliano guilty, and he appealed to the Louisiana Court of Appeal. On appeal, Galliano argued that the court’s evidentiary ruling deprived Galliano of his constitutional right to present witnesses to testify on his behalf.