United States v. Williamson

DECISION

MICHALSKI, Judge:

Contrary to his pleas, appellant was convicted in a bench trial of attempted rape and sodomy of his four year old daughter. We shall discuss the following two of three assigned errors:

THE MILITARY JUDGE ERRED BY ADMITTING A SOCIAL WORKER’S *707HEARSAY TESTIMONY ABOUT VICTIM’S STATEMENTS AS STATEMENTS FOR PURPOSES OF MEDICAL DIAGNOSIS OR TREATMENT.

THE MILITARY JUDGE ERRED BY ADMITTING HEARSAY TESTIMONY BY CHILD’S GRANDFATHER UNDER THE RESIDUAL HEARSAY EXCEPTION WHEN DEFENSE HAD NO MEANINGFUL OPPORTUNITY TO CROSS-EXAMINE THE CHILD.

We find that the military judge did not err…