VICTIM'S TRANSCRIPTS USED AT TRIAL

TESTIMONY

The Supreme Court is taking up the issue of whether a victim's transcripts can be used against the defendant absent of the victim, or whether that is against the right of the accused to face their accuser.

In one ealier case, Crawford v. Washington, the Court decided that any statements, to police or 9/11 operator, that was considered testimonial in nature, could not be admitted as evidence without the victim being present at trial.

Two cases that the Supreme Court will be hearing in March are, Davis v. Washington, No. 05-5224, and Hammon v. Indiana, No. 05-5705.

In the Davis case, Michelle McCottry identified her attacker, giving the 9/11 operator percise details of her assailant including his middle name and address.

In the Hammon case, the police responded to a domestic violence call, where Mrs. Hammon give the police a statement describing the attack her husband commited on her. Although Indiana's Supreme Court upheld the conviction, Mr Hammon's Lawyer filed an appeal with the Supreme Court stating that Mrs Hammon's statement to the poice would be the same as if she were to testify in court and therefore, subject to cross examination.