State v. Gallagher

Defendant was convicted of sexual assault in violation of 13 V.S.A § 3252(3). On appeal, he argues that hearsay testimony introduced at trial and sentencing violated his rights under the confrontation clauses of the state and federal constitutions. We affirm.

Defendant was charged with a single incident of sexual assault upon his stepdaughter, then nine years old. The assault took place on an evening when defendant’s wife — the victim’s mother — entrusted the child to defendant’s supervision.

The juvenile told her teacher of the assault about a week later. The teacher promptly notified the…