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United States v. Irizarry-Sisco

United States Court of Appeals for the First Circuit
87 F.4th 38 (2023)

Written by Nathan Benedict, JD

Facts

Wally Irizarry-Sisco (defendant) was charged with transportation of a minor with the intent to engage in criminal sexual activity. Irizarry-Sisco twice sexually assaulted the minor victim after driving her to a motel in his truck. The minor’s neighbor testified that the minor and her sister were visiting the neighbor’s house when the minor thought she heard Irizarry-Sisco’s truck. The minor’s eyes grew big, and she started fidgeting and looking around. The neighbor, seeing the minor’s distress, asked the minor if Irizarry-Sisco had done anything to her. Although the minor initially denied that anything had happened, she eventually described to the neighbor in detail what Irizarry-Sisco had done on the two previous occasions at the motel. The neighbor’s testimony about the minor’s statements was admitted under the excited-utterance exception to the rule against hearsay over Irizarry-Sisco’s objection. Irizarry-Sisco was convicted and appealed.

Rule of Law

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Holding and Reasoning (Howard, J.)

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