State v. Mason

¶1 Kim Mason was convicted of first degree aggravated murder after his friend, Hartanto Santoso, disappeared. Mason appeals, arguing the trial court violated his confrontation clause rights by permitting witnesses to testify about statements Santoso made before he disappeared. We hold that out-of-court statements made by *558unavailable witnesses while in peril, for the purpose of seeking protection, are not “testimonial” and do not fall within the confrontation clause’s scope as defined by Crawford v. Washington,1 We affirm.

Agid, J. —

*558FACTS

¶2 Kim Mason met Hartanto Santoso while the two worked in…