In re N.C.
Pennsylvania Supreme Court
105 A.3d 1199 (2014)
- Written by Sean Carroll, JD
Facts
N.C. (defendant) was charged with sexual abuse of a minor. Prior to trial, A.D., who was four years old, was interviewed. This interview was recorded. There was no dispute that A.D.’s statements in the interview were testimonial. At an adjudicatory hearing, the prosecution (plaintiff) called A.D. to testify. A.D.’s testimony consisted largely of head nods and other nonverbal actions. Despite two recesses and various individuals comforting A.D., A.D. did not respond at all to any substantive questions about the alleged crime committed by N.C. Ultimately, A.D. curled into a fetal position on the witness stand. At this point, the juvenile court excused A.D. from the stand, acknowledging that it appeared that A.D. was not going to participate further. As a result, the juvenile court admitted the recorded interview of A.D. into evidence. N.C. was convicted, and he appealed. The superior court reversed, finding that the introduction of the videotaped interview violated N.C.’s rights under the Confrontation Clause. The prosecution appealed.
Rule of Law
Issue
Holding and Reasoning (Stevens, J.)
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