Defendant was hired as an independent “escort” and accompanied her client to the Embassy Suites Hotel in Livonia, Michigan. During the encounter, a scuffle ensued, and the defendant shot her client. She was charged with and convicted of assault with intent to commit murder. At trial, the defendant argued self-defense, claiming that her client had attacked her first.
Throughout the trial, the defendant had maintained that she did not engage in prostitution, and that there was nothing illegal about the services she provided. Although the question of whether the defendant was a prostitute was not related to any of the elements of the crime or to her defense, the prosecution wanted to challenge her truthfulness. To do that, the prosecution introduced into evidence the defendant’s website, which she apparently used to attract new clients.
The defendant argued that this evidence was improperly admitted because it was not relevant. The court disagreed, however, and held that it was relevant to her truthfulness, and that the jury could properly consider it to determine whether or not she was likely telling the truth in her testimony. The court further held that the website’s probative value outweighed its prejudicial effect.
People v. Earle, 2005 WL 1224611 (Mich.App., May 24, 2005).