United States v. Barror

DECISION

HODGSON, Chief Judge:

The residual hearsay exception of Mil.R. Evid. 804(b)(5) is the focus of this appeal and centers on a statement the appellant’s 14 year old stepson gave law enforcement agents during the early morning hours of 22 December 1983. In his statement the child described a sexual assault by his stepfather that occurred just a few hours before. At trial the appellant moved to suppress the statement, arguing its admission would be in violation of the Sixth Amendment to the Constitution in that his right to cross-examination would be extinguished.

After the trial judge…