United States v. George

960 F.2d 97 (9th Cir. 1992)

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Nature of the Case

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Facts

D was charged with causing his 12-year-old stepdaughter to have sexual intercourse with him on three separate occasions. The victim identified D as her attacker and described the sexual attacks. She testified to the approximate date of one of the acts but not the other two. Dr. Ortiz-Pino examined the victim on February 22, 1989, approximately five months after the date of the last attack as alleged. The trial court allowed Dr. Ortiz-Pino to testify to a hearsay statement identifying D as the assailant, which the victim made during the course of the Dr.'s examination of her. On February 28, 1989, investigator Akeah interviewed the victim. Over d's objections, the trial court allowed Akeah to testify to the victim's hearsay statements specifying the dates of the acts alleged in two of the counts. After D's conviction, the victim recanted her testimony against him and George moved for a new trial, which was denied after an evidentiary hearing. D was sentenced to a term of 264 months and appealed. D contends that the admission of hearsay testimony violated his rights under the Confrontation Clause.