ILNews

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. So if I am reading it right, only if and when African American college students agree to receive checks labeling them as "Negroes" do they receive aid from the UNCF or the Quaker's Educational Fund? In other words, to borrow from the Indiana Appellate Court, "the [nonprofit] supposed to be [their] advocate, refers to [students] in a racially offensive manner. While there is no evidence that [the nonprofits] intended harm to [African American students], the harm was nonetheless inflicted. [Black students are] presented to [academia and future employers] in a racially offensive manner. For these reasons, [such] performance [is] deficient and also prejudice[ial]." Maybe even DEPLORABLE???

  2. I'm the poor soul who spent over 10 years in prison with many many other prisoners trying to kill me for being charged with a sex offense THAT I DID NOT COMMIT i was in jail for a battery charge for helping a friend leave a boyfriend who beat her I've been saying for over 28 years that i did not and would never hurt a child like that mine or anybody's child but NOBODY wants to believe that i might not be guilty of this horrible crime or think that when i say that ALL the paperwork concerning my conviction has strangely DISAPPEARED or even when the long beach judge re-sentenced me over 14 months on a already filed plea bargain out of another districts court then had it filed under a fake name so i could not find while trying to fight my conviction on appeal in a nut shell people are ALWAYS quick to believe the worst about some one well I DID NOT HURT ANY CHILD EVER IN MY LIFE AND HAVE SAID THIS FOR ALMOST 30 YEARS please if anybody can me get some kind of justice it would be greatly appreciated respectfully written wrongly accused Brian Valenti

  3. A high ranking Indiana supreme Court operative caught red handed leading a group using the uber offensive N word! She must denounce or be denounced! (Or not since she is an insider ... rules do not apply to them). Evidence here: http://m.indianacompanies.us/friends-educational-fund-for-negroes.364110.company.v2#top_info

  4. A high ranking bureaucrat with Ind sup court is heading up an organization celebrating the formal N word!!! She must resign and denounce! http://m.indianacompanies.us/friends-educational-fund-for-negroes.364110.company.v2#top_info

  5. ND2019, don't try to confuse the Left with facts. Their ideologies trump facts, trump due process, trump court rules, even trump federal statutes. I hold the proof if interested. Facts matter only to those who are not on an agenda-first mission.

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