Child Hearsay Issue Decided by Montana Supreme Court

Submitted by mjewell on Wed, 09/26/2007 - 1:06pm.
The Montana Supreme Court affirmed the conviction of Kirk Spencer for sexual intercourse without consent. The child hearsay declarant was 3 1/2 years-old. The Court analyzed child hearsay statements made to a private counselor and a foster parent. The US Supreme Court rulings in Crawford v. Washington and Davis v. Washington were analyzed as well as the correct procedure for consideration of child hearsay evidence in Montana under MCA, 46-16-220. The Court held that use of the child's statements to non law enforcement personnel did not violate the Sixth Amendment Confrontation Clause and that the District Court complied with the requisite procedure under MCA, 46-16-220 for introduction of the hearsay evidence. The decision is available on the Montana Supreme Court website. The citation is 2007 MT 245 (decided 9/25/07). The case number is 05-627. Search for a copy of the opinion here.
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