(DOWNLOAD) "In re T.T" by In the Court of Appeals of the State of Illinois Sixth Division " Book PDF Kindle ePub Free
eBook details
- Title: In re T.T
- Author : In the Court of Appeals of the State of Illinois Sixth Division
- Release Date : January 20, 2004
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 68 KB
Description
Following a bench trial, respondent T.T. was adjudicated delinquent of two counts of aggravated criminal sexual assault and sentenced to five years of probation. On appeal, respondent contends the trial court erred in finding the complaining witness, G.F., unavailable to testify at trial so as to warrant the preclusion of cross-examination. Furthermore, respondent, citing Crawford v. Washington, 541 U.S. __, 158 L.Ed. 2d 177, 124 S.Ct. 1354 (2004), argues that G.F.'s statements to a police detective, a Department of Children and Family Services (DCFS) investigator, and a physician were testimonial in nature, and that the admission of those statements pursuant to statutory hearsay exceptions in the absence of an opportunity to cross-examine G.F. violated respondent's right to confrontation. For the following reasons, we find the trial court properly determined that G.F. was unavailable. We also find that G.F.'s statements to the police detective and DCFS investigator were testimonial, and her statement to the physician identifying respondent as the perpetrator was testimonial. Because G.F. was not cross-examined at trial, her testimonial statements were not admissible where respondent had no prior opportunity for cross-examination. Because the trial court considered testimonial evidence in the absence of a prior opportunity for cross-examination, we reverse the judgment of the trial court and remand the cause for further proceedings not inconsistent with this opinion.