People v. Fisher

In People v. Fisher, 220 Mich. App. 133, 154; 559 N.W.2d 318 (1996), the defendant attacked the prosecution witness' credibility during cross-examination by alleging that the witness fabricated his testimony in order to receive a reduced sentence. 220 Mich. App. at 154-155. Thereafter, the prosecutor sought to rehabilitate the declarant-witness through prior consistent statements made to others. Id. Over the defendant's objection, the trial court determined that the prosecution witness' statement was a prior consistent statement under MRE 801(d)(1)(B). Id. The Fisher panel affirmed the trial court's decision, reasoning that because the witness' statements were made to a friend and preceded the witness' contact with the prosecutor, the statements preceded the witness' motive to fabricate. 220 Mich. App. at 155. In Fisher, the declarant made a statement to a friend before the declarant had contact with the prosecutor. Fisher, 220 Mich. App. at 155.