dissenting.
I agree with the court that some of the questions asked of Tripp by the prosecutor constituted error. State v. Steen, 623 A.2d 146, 148 (Me.1983); State v. Commeau, 409 A.2d 247, 249 n. 1 (Me.1979). I also agree that the prosecutor is prohibited from expressing his personal opinion as to the credibility of a witness. M.Bar.R. 3.7(3)(2)(v). In the context of this case, however, I disagree that any of the claimed error is so obvious, or the seriousness of the injustice done so great, that we should vacate the convictions. Therefore, I respectfully dissent.
An appellate court should be “reluctant to reverse a judgment on the basis of an error not brought to the attention of the trial court.” State v. Borucki, 505 A.2d 89, 94 (Me.1986). The review of obvious error is “exercised cautiously and only when necessary to prevent a clear miscarriage of justice.” State v. True, 438 A.2d 460, 468 (Me.1981).
This case is unlike Steen, where the errors were preserved. In Steen, there was no doubt that the sexual act took place; the only issue was whether there was consent. In this case, however, Tripp confronted the charges directly, denying that any sexual act occurred. He attacked the victim’s story from the outset as being entirely fabricated and even suggested a motive for the victim’s lies; the victim’s perception that Tripp, his father, had virtually abandoned him. His failure to object to the State’s questions and to the closing argument was entirely consistent with his defense strategy. In his closing argument to the jury, Tripp’s able and experienced attorney stated, “It ultimately comes down to either ... [the victim] or [Tripp] is lying. Either the assaults occurred or they didn’t.” Tripp’s defense strategy failed. He should not be rewarded with a new trial simply because that strategy did not succeed.
Viewing the record in its entirety, the claimed errors are not so obvious nor is the seriousness of the injustice done to the defendant so great that the convictions should be disturbed. State v. Dube, 598 A.2d 742, 744 (Me.1991). I would affirm the judgments.