State v. Werneke

LAURA DENVIR STITH, Judge.

Michael Werneke appeals his jmy conviction of one count of child molestation. Mr. Werneke claims that the trial court abused its discretion in admitting the victim’s hearsay statements under Section 491.075, RSMo 1994, because they were unreliable as was indicated by the victim’s inconsistent testimony at trial. The trial court’s pre-trial finding of reliability of the hearsay statements was not an abuse of discretion. In any event, because the jury did not convict Mr. Wer-neke on the count as to which the victim’s testimony was inconsistent, no prejudice could have…