Court: Nontestimonial statements allowed at trial

Jennifer Nelson
January 1, 2008
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Statements to police made by a woman who accused a defendant of hitting her should have been admissible during the defendant's trial, the Indiana Court of Appeals ruled April 25.

The appellate court determined statements made by Keyona Brooks, in which she said defendant Tracey Lamont Martin struck her in the face while they were fighting in the car before he drove off with her children, should have been considered nontestimonial, and thus admissible at trial.

Brooks was not available to testify at Martin's trial on a domestic battery charge and Martin moved to suppress her statements to police, arguing their admission would violate his Sixth Amendment right to confrontation. The trial court granted his motion to suppress, finding the statements were testimonial.

In State of Indiana v. Tracey Lamont Martin, No. 02A04-0704-CR-219, the Court of Appeals examined the statements Brooks made and applied the U.S. Supreme Court decision, Davis v. Washington, 547 U.S. 813 (2006), to determine if her statements made to police were nontestimonial or testimonial. Testimonial statements are not admissible at trial.

In the Davis test, statements are reviewed to see whether the declarant was describing events as they were actually happening or past events; whether the declarant was facing an ongoing emergency; whether the nature of what was asked and answered elicited statements that were necessary to resolve a present emergency as opposed to learning about past events; and the level of formality of the interview.

In the instant case, Brooks told police officers about past events - Martin struck her and drove away with her children in a car with a door still open - but that information was relevant to establish whether Martin still posed a present danger.

Brooks experienced an ongoing emergency because she did not know the whereabouts of her children while speaking to police. The police asked Brooks questions about Martin to resolve the ongoing emergency. The interview process was extremely informal as Brooks was sitting on the side of the road, bleeding and hysterical, as she answered questions, wrote Judge Terry Crone.

"In sum, we must conclude that the circumstances of the officers' interrogation of Brooks objectively indicate that its primary purpose was to assist police in resolving an ongoing emergency. Therefore, Brooks's statements to police were nontestimonial, and the trial court abused its discretion in excluding them," he wrote.

The appellate court reversed the trial court decision; however, because the state is barred from retrying Martin on the domestic battery charge because he was acquitted, the issue is moot in this case, Judge Crone wrote.

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  1. Joe, you might want to do some reading on the fate of Hoosier whistleblowers before you get your expectations raised up.

  2. I had a hospital and dcs caseworker falsify reports that my child was born with drugs in her system. I filed a complaint with the Indiana department of health....and they found that the hospital falsified drug screens in their investigation. Then I filed a complaint with human health services in Washington DC...dcs drug Testing is unregulated and is indicating false positives...they are currently being investigated by human health services. Then I located an attorney and signed contracts one month ago to sue dcs and Anderson community hospital. Once the suit is filed I am taking out a loan against the suit and paying a law firm to file a writ of mandamus challenging the courts jurisdiction to invoke chins case against me. I also forwarded evidence to a u.s. senator who contacted hhs to push an investigation faster. Once the lawsuit is filed local news stations will be running coverage on the situation. Easy day....people will be losing their jobs soon...and judge pancol...who has attempted to cover up what has happened will also be in trouble. The drug testing is a kids for cash and federal funding situation.

  3. (A)ll (C)riminals (L)ove (U)s is up to their old, "If it's honorable and pro-American, we're against it," nonsense. I'm not a big Pence fan but at least he's showing his patriotism which is something the left won't do.

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  5. He has refused his Assent to Laws, the most wholesome and necessary for the public good. He has forbidden his Governors to pass Laws of immediate and pressing importance, He has erected a multitude of New Offices, and sent hither swarms of Officers to harrass our people, and eat out their substance. He has combined with others to subject us to a jurisdiction foreign to our constitution, and unacknowledged by our laws; giving his Assent to their Acts of pretended Legislation: For imposing Taxes on us without our Consent: He is at this time transporting large Armies of foreign Mercenaries to compleat the works of death, desolation and tyranny, already begun with circumstances of Cruelty & perfidy scarcely paralleled in the most barbarous ages, and totally unworthy the Head of a civilized nation.. He has excited domestic insurrections amongst us, and has endeavoured to bring on the inhabitants of our frontiers, the merciless [ ] Savages, whose known rule of warfare, is an undistinguished destruction of all ages, sexes and conditions. GOD BLESS THE GOVERNORS RESISTING! Count on the gutless judiciary to tie our children down and facilitate the swords being drawn across their throats. Wake Up America ...