In re the Personal Restraint of Grasso

Vincent Grasso was convicted of first degree child rape and first degree child molestation in 1994. The victim, Grasso’s five year old daughter, R.G., took the stand at his trial. In his personal restraint petition, Grasso argues that because the prosecutor gave R.G. permission to answer some questions with “I don’t want to talk about it,” R.G. did not “testify” within the meaning of the child hearsay statute, and admission of her hearsay statements violated his right of confrontation. We hold that Grasso’s petition is not procedurally barred and the prosecutor’s instruction was indeed…