People v. Moreno

160 P.2d 242 (2007)

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Nature of the Case

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Facts

D was charged with two counts of sexual assault on a child. B.B., an eight-year-old girl, reported to her mother that the D had inappropriately touched her during a visit to his home. A.P., the nine-year-old stepdaughter of D, had confided to her that he had previously touched her inappropriately as well. Two police officers and a special investigative officer interviewed A.P. at a facility specially-equipped for such interviews. During the videotaped interview, A.P. disclosed that D had touched her inappropriately on numerous occasions. P's motion to admit the videotape of A.P.’s interview was granted pursuant to the statutory hearsay exception in this jurisdiction for statements of child sexual assault victims. D's counsel had been denied permission to speak with A.P. by her mother and guardian ad litem. D moved to depose her. The trial court denied the motions. B.B. testified, but A.P. did not. On review, the appeals court found A.P.’s statements in it to be testimonial, and the admission of the videotaped interview violated D’s Sixth Amendment right. P petitioned for a writ of certiorari.