Hardy v. Commonwealth

GANT, Justice.

The appellant was found guilty of first-degree sodomy by a Graves Circuit Court jury, and punishment was fixed at 20 years’ imprisonment. Four issues are raised oh this appeal.

The first issue involves the use of a videotaped deposition for the six-year-old victim. The Commonwealth moved for such deposition pursuant to RCr 7.10 and RCr 7.12, which rules, in essence, permit such procedures in those instances where there is a prospective witness “who may be unable to attend a trial ...” The Commonwealth accompanied its motion with an affidavit from a certified psychologist and a…