State v. Pitt

The state petitions for reconsideration of our decision in State v. Pitt (A120428), 209 Or App 270, 147 P3d 940 (2006), in which we held that the trial court erred by allowing into evidence videotaped testimony containing hearsay statements of two child victims whom defendant did not have the opportunity to cross-examine. Although defendant had not preserved the argument, we held that the videotapes were plainly “testimonial” evidence the admission of which was erroneous under Crawford v. Washington, 541 US 36, 124 S Ct 1354, 158 L Ed 2d 177 (2004). After considering the gravity of that…