Defendant Randall Ware appeals from his conviction and sentence for the offense of child molestation. Held:
1. Defendant first contends that the State used its peremptory strikes in a racially discriminatory manner in violation of the mandate of
Batson v. Kentucky,
Moreover, assuming arguendo that defendant did establish a prima facie case of racial discrimination (albeit a weak one), on appeal the defendant challenges the “racially neutral” explanation offered by the State only as to one of the three veniremen struck. The prosecuting attorney stated he struck that juror because she was similar in age to the defendant, because she was divorced, and because of a “concern” about her attitude, specifically that she did not act interested in the proceedings.
As the Supreme Court stated in
Gamble v. State,
2. Defendant next argues that the trial court committed revers
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ible error by allowing the State to introduce into evidence a videotape of an interview between the victim and an officer investigating the alleged offense. Specifically, defendant contends that the evidence lacked “sufficient indicia of reliability” as provided by OCGA § 24-3-16, the Child Hearsay Statute. We find no merit to this enumeration. The record in this case shows that the child was available, and did in fact testify at trial, and that the circumstances surrounding the videotape of the interview as testified to by the investigating officer provided sufficient indicia of reliability of the statements therein. Contrary to defendant’s assertions, conflicts between the videotaped statement and the testimony of the child at trial would not necessarily render the former inadmissible, but would rather present a question of credibility of the witness to be resolved by the trier of fact, here the jury. We find no error in the trial court’s admission of the evidence complained of. Accord
Celis v. State,
3. We find no merit to defendant’s argument that the trial court erred by not allowing one of his character witnesses to testify concerning his reputation for molesting children. See
Baine v. State,
4. “[Defendant] contends that the trial court erred in allowing the jury, upon request, to rehear the victim’s testimony on direct, but not cross-examination. The jury is entitled to designate the testimony which it desires to rehear, in the absence of special circumstances which might work an injustice. See
Byrd v. State,
Judgment affirmed.
