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. I have an open CHINS case I failed a urine screen I have since got clean completed IOP classes now in after care passed home inspection my x sister in law has my children I still don't even have unsupervised when I have been clean for over 4 months my x sister wants to keep the lids for good n has my case working with her I just discovered n have proof that at one of my hearing dcs case worker stated in court to the judge that a screen was dirty which caused me not to have unsupervised this was at the beginning two weeks after my initial screen I thought the weed could have still been in my system was upset because they were suppose to check levels n see if it was going down since this was only a few weeks after initial instead they said dirty I recently requested all of my screens from redwood because I take prescriptions that will show up n I was having my doctor look at levels to verify that matched what I was prescripted because dcs case worker accused me of abuseing when I got my screens I found out that screen I took that dcs case worker stated in court to judge that caused me to not get granted unsupervised was actually negative what can I do about this this is a serious issue saying a parent failed a screen in court to judge when they didn't please advise

  2. I have a degree at law, recent MS in regulatory studies. Licensed in KS, admitted b4 S& 7th circuit, but not to Indiana bar due to political correctness. Blacklisted, nearly unemployable due to hostile state action. Big Idea: Headwinds can overcome, esp for those not within the contours of the bell curve, the Lego Movie happiness set forth above. That said, even without the blacklisting for holding ideas unacceptable to the Glorious State, I think the idea presented above that a law degree open many vistas other than being a galley slave to elitist lawyers is pretty much laughable. (Did the law professors of Indiana pay for this to be published?)

  3. Paul Hartman of Burbank, Oh who is helping Sister Fuller with this Con Artist Kevin Bart McCarthy scares Sister Joseph Therese, Patricia Ann Fuller very much that McCarthy will try and hurt Patricia Ann Fuller and Paul Hartman of Burbank, Oh or any member of his family. Sister is very, very scared, (YES, I AM) This McCarthy guy is a real, real CON MAN and crook. I try to totall flatter Kevin Bart McCARTHY to keep him from hurting my best friends in this world which are Carolyn Rose and Paul Hartman. I Live in total fear of this man Kevin Bart McCarthy and try to praise him as a good man to keep us ALL from his bad deeds. This man could easy have some one cause us a very bad disability. You have to PRAISAE in order TO PROTECT yourself. He lies and makes up stories about people and then tries to steal if THEY OWN THRU THE COURTS A SPECIAL DEVOTION TO PROTECT, EX> Our Lady of America DEVOTION. EVERYONE who reads this, PLEASE BE CAREFUL of Kevin Bart McCarthy of Indianapolis, IN My Phone No. IS 419-435-3838.

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

  5. 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.