State v. Nieto

Isaias Robert Nieto appeals his conviction of third degree rape of a child. He claims that the trial court erred by admitting the victim’s written statement as substantive evidence and finding that Nieto had confessed. We hold the victim’s statement lacked sufficient indicia of reliability to render it admissible as substantive evidence. Because insufficient evidence remains to convict Nieto, we reverse the conviction.

FACTS

From June to December 2000, Nieto and WB worked together at a pizza restaurant in Blaine. At the time, WB was 14 years old and Nieto was 28 years old. WB stopped working at…