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State v. Porter7/29/1999
ility, alcoholism, and failure to follow treatment recommendations had no bearing on her character for truthfulness at trial, we agree with the trial court's Conclusion.
The defendant further argues that the evaluation should have been reviewed in camera because it allegedly revealed an admission by the victim that she had accused a former boyfriend of sexual assault. The defendant argued to the trial court that "the alleged victim in the past has used this alleged incident of rape assault in the termination of prior relationship." The defendant, however, did not argue to the trial court that this prior allegation of sexual assault was mentioned in the substance abuse evaluation. The defendant represented to the trial court that he found out about this alleged prior accusation through "investigations," and not from having observed the evaluation. Furthermore, in the context of seeking in camera review of the evaluation, the defendant did not argue that the prior accusation was in fact false and material to his defense. The defendant, therefore, did not demonstrate to the trial court that an in camera review of the victim's substance abuse evaluation was warranted. See State v. Taylor, 139 N.H. 96, 98-99, 649 A.2d 375, 376 (1994).
The transcript indicates that the defendant did argue to the trial court that the victim's alleged prior accusations of sexual assault against a minister and friend of her father were contained in the substance abuse evaluation. The defendant, however, failed to argue that these alleged prior accusations were material to his defense, e.g., by asserting in the context of seeking in camera review that the prior accusations were in fact false and probative of the untruthfulness of the allegations against him.
Next, the defendant argues that the trial court erred in precluding him from cross-examining the victim regarding her alleged prior accusations of sexual assault against a minister and friend of her father. A review of the portion of the transcript the defendant cites to demonstrate preservation of the issue, see Sup. Ct. R. 16(3)(b), leads us to conclude that the defendant did not object to the trial court's ruling, but rather acquiesced to it. Because the defendant did not object to the ruling, we will not review it on appeal. See State v. McAdams, 134 N.H. 445, 447, 594 A.2d 1273, 1273 (1991). We see no reason to depart from the general principle that the rules of preservation are not relaxed for a pro se defendant. See State v. Brodowski, 135 N.H. 197, 200, 600 A.2d 925, 926 (1991).
The defendant next argues that the trial court denied him a fair trial by consolidating the sexual assault, kidnapping, and escape charges. He argues that because it was important that he testify concerning the escape charge but not the other charges, the trial court's consolidation was erroneous. A decision to consolidate charges will not be reversed absent an abuse of discretion. See State v. Bergmann, 135 N.H. 97, 101, 599 A.2d 502, 505 (1991). The defendant must make a convincing showing that he had important testimony to provide in relation to one count and a strong need to remain silent on the others. State v. Summers, 142 N.H. 429, 433, 702 A.2d 819, 822 (1997). The defendant must present sufficient information "to satisfy the [trial] court that the claim of prejudice is genuine and to enable it intelligently to weigh the considerations of economy and expedition in judicial administration against the defendant's interest in having a free choice with respect to testifying." Id. at 434, 702 A.2d at 822 (quotation omitted).
The defendant's argument fails because he presented no information demonstrating a strong need to refrain from testifyi
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