father.
¶51 The State argues that Anson would have testified regardless of the California statement because its other witnesses, including the victim, were very credible and gave very compelling testimony. The State notes that Anson's attorney announced during opening statements that he would testify. The State also argues that Anson would have taken the stand because his testimony at trial went beyond explaining the California statement and that he testified as to his past and the family's history. Finally, the State argues that Anson would have testified anyway because he needed to not only explain the third touching incident but also deny the first two alleged incidents.
¶52 While the State sets forth a strong argument, there are several countervailing considerations. First, the State announced to the jury that itwould introduce Anson's statement to the California authorities before Anson's counsel made his opening statement to the jury. Second, Anson's petition for leave to appeal and for a stay of the trial pending appeal supports Anson's position that he testified because of the State's use of the California statement. Further, the State relied heavily upon the tape-recorded statement during its opening statement and the evidentiary phase of the trial. In addition to hearing the audiotape, the jury was presented with two different transcripts of the taped statement. Moreover, the State presented the tape recording as indicating that Anson had left his hand on the victim's vagina for three full minutes. It also emphasized that Anson lied to his wife. Given the State's representations, Anson needed to take the