Gary Frye v. United States

FARRELL, Senior Judge:

Following a bench trial, appellant was found guilty of simple assault on Jewel Parker. He contends on appeal that Ms. Parker’s statements in answer to the lone question “what happened” by a police officer responding to a report of an assault were admitted in evidence in violation of his constitutional right to confront Parker, who did not testify at trial. Agreeing with the trial judge that the statements were not “testimonial” in the circumstances, hence were not reached by the Sixth Amendment, we affirm. 1

I

Two Metropolitan Police officers arrived at a house on Texas…