State v. Dow

¶1 — The State appeals an order dismissing first degree child molestation charges against Keith Ian Dow.

Quinn-Brintnall, J.

¶2 RCW 10.58.035 provides that a defendant’s trustworthy statement may be admitted as substantive evidence when the alleged victim of a crime has died or is incompetent to testily at trial. Finding this statute unconstitutional, the trial court refused to apply it and required that the State prove corpus delicti through independent evidence before admitting Dow’s trustworthy statements. When the State failed to supply such evidence, the trial court dismissed the charges.…