People v. District Court of El Paso County

ERICKSON, Justice.

This original proceeding raises the issue of whether the trial court properly excluded a four-year-old child’s hearsay statements that alleged her father had sexually abused her. The prosecution argues that the trial court erred in holding the statements inadmissible. Specifically, the prosecution claims that the trial court erred by finding that the child, although not competent, was “available” to testify under section 13 — 25—129(l)(b)(II), 6A C.R.S. (1987), and that the child’s statements were unreliable and therefore inadmissible hearsay under section 13-25-129. We…