307 Ga. 615
Ga.2020Background
- Defendant Michael Stephens (and co-defendants) charged with felony murder after Petrocelli Williams was struck by a car on Sept. 20, 2015.
- Harry Dimeco, a non-party eyewitness, gave a recorded statement to police two weeks after the death describing seeing a red car strike something, a person lying in the road, and the car fleeing.
- Police obtained nearby surveillance video showing Dimeco near the store, attempting to read a tag, and a vehicle pulling away; the State contends the video is unclear without Dimeco’s actions and commentary.
- Dimeco subsequently died before trial; the State moved in limine to admit his recorded statement under OCGA § 24-8-807 (the residual/hearsay exception) and as necessary to explain Dimeco’s conduct in the surveillance video.
- The trial court denied the motion, finding the statement testimonial and that defendants had no prior opportunity to cross-examine Dimeco, implicating the Sixth Amendment Confrontation Clause.
- The Georgia Supreme Court affirmed, holding testimonial, un-cross‑examined statements cannot be admitted under the residual exception or by necessity consistent with Crawford.
Issues
| Issue | Plaintiff's Argument (State) | Defendant's Argument (Stephens et al.) | Held |
|---|---|---|---|
| Whether Dimeco’s recorded out-of-court statement is admissible despite Confrontation Clause concerns | Statement is non-accusatory, objectively trustworthy, and admissible under OCGA § 24-8-807 as residual exception/necessary because Dimeco is the only non-party eyewitness | Statement is testimonial and defendants lacked prior opportunity to cross-examine, so admission would violate the Sixth Amendment | Denied — statement is testimonial and, absent prior cross-examination, cannot be admitted under the residual exception or on necessity grounds |
Key Cases Cited
- Crawford v. Washington, 541 U.S. 36 (Confrontation Clause bars admission of testimonial statements absent unavailability and prior cross-examination)
- Michigan v. Bryant, 562 U.S. 344 (testimonial test: primary purpose and absence of ongoing emergency)
- Williams v. Illinois, 567 U.S. 50 (Confrontation Clause principles on testimonial evidence and necessity of prior opportunity for cross-examination)
- McCord v. State, 305 Ga. 318 (Georgia: residual hearsay rules apply only after determining a statement is non-testimonial)