But prosecutors objected, saying that it’s inadmissible because except in limited circumstances, evidence of a victim’s prior “bad acts” to show a propensity for that sort of conduct is considered too prejudicial, just as it would be for a defendant.
Yeziersky acknowledged that Galperina had said something similar to him, but insisted that it was in response to his joking assertion that she was engaging in sexual relations with her ex-husband during visitation with their son.
“Yes, the child I’m carrying is his,” Yeziersky said Galperina told him. “But it was a joke.”
Defense lawyer John Swomley and Yeziersky sparred for nearly 15 minutes, with Swomley accusing Yeziersky of telling a different story to a defense investigator.
At the end of the hearing, Lowy ruled that the statement cannot be used by the defense, and sent Yeziersky home.
The trial will resume on Tuesday.
Courts reporter Julie Manganis can be reached at 978-338-2521, via email at email@example.com or on Twitter @SNJulieManganis.