Video of Young Child Admitted into Evidence at Sexual AssaultTrial
In an Illinois Appellate Court case that appears to be in direct conflict with the United States Supreme Court decision in Crawford v. Washington, the court inexplicably allowed the video of a 5-year old girl as substantive evidence in a criminal prosecution of sexual assault. Notwithstanding objections to blatant hearsay, the court reasoned that because the child testified at trial and was subject to cross-examination, the defendant was not deprived of his right of confrontation under the Sixth Amendment. The court minimized the fact that the video addressed issues that were not presented in child's original testimony. This case is People v. Lara out of the Fourth District. The decision may still be modified and is subject to review.