Is Child's Disclosure of Abuse to Teacher a 'Testimonial Statement' That May Not Be Recounted by Teacher at Trial?
When Child Is Found Incompetent to Testify, Be Cross-Examined in Court
State of Ohio v. Darius Clark, Case no. 2012-0215
Eighth District Court of Appeals (Cuyahoga County)
ISSUE: When a child with visible injuries responds to questions posed by a teacher about those injuries by alleging that they were caused by physical abuse, and identifies the abuser, if the child is found incompetent to testify in a criminal trial of the alleged abuser, does the confrontation clause of the U.S. Constitution bar the admission of "hearsay" trial testimony by the teacher in which she recounts the child's statements identifying the abuser?