State v. Reid

STRUCKMEYER, Vice Chief Justice,

dissenting.

I am unable to concur with the majority of the Court in the disposition of this case.

At the onset, two points should be made clear. First, seemingly Dr. Hirsch intended to leave Arizona on a vacation and to be absent from Arizona at the time of the trial. While he was within Arizona’s jurisdiction, the prosecution petitioned the Superior Court for its order to permit his testimony to be videotaped. No effort was made by the prosecution to require his personal attendance by subpoena. Indeed, insofar as the record is concerned no plausible reason is…