State v. Krasky

In April 2004, six-year-old TK told her foster mother that TK’s biological father, Edward Krasky (defendant), had repeatedly sexually abused her. By that time, Krasky’s parental rights had been terminated and he had not had contact with TK in about 18 months. In May 2004, police and a county social worker coordinated an interview and examination for TK at Midwest Children’s Resource Center (MCRC). MCRC nurse Margaret Carney conducted a videotaped interview and off-camera medical examination of TK while two social workers watched from an observation room. Carney told TK that TK’s health was being evaluated and that it was important for TK to tell the truth. During the assessment, TK detailed the sexual abuse. Carney recommended that TK receive psychotherapy. The government (plaintiff) charged Krasky with multiple counts of first- and second-degree criminal sexual conduct. The trial court granted Krasky’s motion to suppress TK’s hearsay statements to Carney at MCRC, finding that admission of the statements would violate Krasky’s constitutional right to confront witnesses. The trial court held that TK’s MCRC statements were testimonial and that TK would be unavailable to testify at trial due to her young age and developmental delays. The government appealed, and the appellate court ultimately affirmed the trial court. The government appealed to the Minnesota Supreme Court.