State v. Grego

CAMPBELL, Judge.

In this capital sexual battery case, the state challenges the pretrial order that excluded the two child victims’ hearsay statements. We reverse because we find that the trial judge clearly abused her discretion when she found that the time, content and circumstances of the children’s statements did not provide sufficient safeguards of reliability under section 90.803(23), Florida Statutes (1991).

Appellee, Kathy Grego, is the mother of Frankie and Rosemary, the two children she is accused of sexually abusing. It is their statements that are at issue. The statements were made…