State v. Reid, 59 A.3d 711

Defendant Richard Reid was convicted of aggravated sexual assault under 13 V.S.A. § 3253(a)(8).
The State sought to admit A.V.’s out-of-court statements under Vermont Rule of Evidence 804a after DCF and police involvement in investigating alleged abuse in 2008.
A.V., age six at the time, disclosed abuse to neighbors, leading to a DCF investigation, hospital visit, and SANE examination.
A multifaceted Rule 804a hearing occurred (Nov. 19, 2009) with testimony about interview techniques and the admissibility of the statements.
The trial court ultimately admitted the statements, finding substantial indicia of trustworthiness based on the totality of the circumstances.
At trial (Oct. 2010), the State presented additional corroborating testimony and A.V. testified briefly; Reid was convicted and sentenced to 25 years to life.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether 804a evidence was admissible	Reid; statements possess substantial indicia of trustworthiness.	Reid; interviews were coercive and protocol-deficient undermining trustworthiness.	Yes; court upheld admission based on credible findings supporting trustworthiness.
Impact of confidential finding on Rule 804a ruling	Finding should not be dispositive; impact is secondary.	Confidential finding taints the reliability analysis.	Not dispositive; court properly relied on other findings to support trustworthiness.
Effect of trial testimony and expert conclusions on admissibility	A.V.’s statements were independently reliable; expert reliance is permissible.	Expert conclusions were tainted by inadmissible statements.	Admissibility affirmed; expert testimony did not render error.

State v. Willis, 181 Vt. 170 (2006 VT 128) (deferential review of Rule 804a; trustworthiness based on multiple factors)
State v. Gallagher, 554 A.2d 221 (1988) (reliability and indicia of truthfulness of child statements)
State v. Tester, 179 Vt. 627 (2006 VT 24) (nonleading questions; internal/external consistency)
State v. LaBounty, 168 Vt. 129 (1998) (freshness, spontaneity, peripheral detail, timing)
State v. Fisher, 167 Vt. 36 (1997) (risk of fabrication; reliability considerations)
State v. Lawton, 164 Vt. 179 (1995) (circumstances of initial disclosure; coercion/manaipulation factors)
In re M.B., 158 Vt. 63 (1992) (disclosures in context; corroboration and reliability)
State v. Swan, 790 P.2d 610 (Wash. 1990) (biological/anatomical accuracy as reliability indicator)
State v. Oscarson, 2004 VT 4 (2004 VT 4) (reliability factors for child statements)