Respondent's Brief - Washington State Courts

ecollection of that molestation, and could not, consistent with the case
law, be relevant. See Kendrick, 47 Wn. App. at 634.
Because evidence of drug use is admissible to impeach the
credibility of a witness only "if there is a showing that the witness was
using or was influenced by the drugs at the time of the occurrence which is
the subject of the testimony, "' Thomas, 150 Wn.2d at 863 -64, and the
defendant here failed to make such a showing, this evidence was not
admissible, and the trial court properly denied Defendant's motion to
admit such evidence as not relevant.
Second, there was no showing that evidence that McCuteheon was
employed as an "exotic dancer" or evidence of CPS "involvement" with
McCuteheon from June, 2009 to September, 2010, was relevant, and thus,
it too, was properly excluded.
Neither piece of evidence had any tendency to prove or disprove a
fact that was of consequence in the context of the other facts and the
applicable substantive law. There was no showing, beyond conjecture and
speculation, see RP 256, that work as an exotic dancer could have affected
the credibility of McCuteheon, C.D., or any other witness. Nor was there
any showing that evidence of CPS involvement, which occurred after the
November, 2007 to February, 2008, time period during which the
molestation occurred, had any tendency to prove or disprove a fact that
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