United States v. Squire
72 M.J. 285
C.A.A.F.2013Background
- Squire was convicted at a general court-martial of engaging in a sexual act with a child under 12; sentence: 20 years, reduced to E-1; sentence later reduced to 238 months by convening authority; CCA affirmed findings and sentence.
- SL, the eight-year-old victim, did not testify; statements were elicited during medical exams at Tripler and Kapiolani Medical Center.
- Dr. Hyden (Kapiolani Child Protection Center) and Dr. Montgomery (Tripler) collected history and performed exams, including evidence for a rape kit.
- Dr. Hyden was a mandatory reporter and knew statements could be shared with law enforcement, but he conducted a medical history focused exam.
- The CCA applied Rankin/Gardinier factors to determine if the statements were testimonial and concluded they were not.
- Court granted review to address whether the statements to doctors violated the Confrontation Clause.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether SL's statements to doctors were testimonial under Crawford | Squire argues law enforcement involvement makes them testimonial | Government argues primary medical purpose, not testimonial | Not testimonial; admission proper; Confrontation Clause not violated |
Key Cases Cited
- Crawford v. Washington, 541 U.S. 36 ((U.S. 2004)) (testimonial vs. non-testimonial qualitatively analyzed)
- Rankin, 64 M.J. 348 ((C.A.A.F. 2007)) (factors for testimonial determination; totality of circumstances)
- Gardinier, 65 M.J. 60 ((C.A.A.F. 2007)) (testimonial analysis; context-specific factors)
- Bryant, 131 S. Ct. 1161 ((U.S. 2011)) (dual purposes of statements; treatment vs. law-enforcement aims)