State v. Pollock
284 P.3d 1222
Or. Ct. App.2012Background
- Defendant was convicted of six counts of first-degree sodomy and challenged admission of the victim’s out-of-court statements.
- Victim, age five at trial, was interviewed at Kids First Center; a DVD of the interview was introduced at trial.
- Victim had lived with defendant in 2007 and babysat the neighbor’s three-year-old daughter (the victim).
- Victim’s statements described sodomy; mother notified police and authorities arranged the Kids First interview.
- At trial, the state played the Kids First DVD and called the victim and the mother; defense objected under the confrontation clause.
- The trial court ruled admissions proper; on appeal, court considered whether the statements were testimonial and whether confrontation rights were preserved.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the Kids First interview video violated confrontation clause rights. | State: victim adopted statements; cross-examination adequate. | Wollheim: insufficient elicitation from victim before video; no adequate cross-exam. | No error; adequate opportunity to cross-examine; adoption sufficed. |
| Whether the victim’s statements to her mother in the car were testimonial. | Statements non-testimonial; admissible. | Statements were testimonial and subject to confrontation. | Not testimonial; admissible; no Crawford violation. |
Key Cases Cited
- Crawford v. Washington, 541 U.S. 36 (U.S. 2004) (establishes confrontation-clause framework for testimonial statements)
- State ex rel Juv. Dept. v. S. P., 346 Or 592 (Or. 2009) (recognizes testimonial nature of certain child-witness statements)
- State v. Mack, 337 Or 586 (Or. 2004) (approach to reviewing evidentiary rulings for legal error)