Author: LegalEase Solutions
Is the admission of a videotaped interview with the victim inadmissible hearsay and thus, grounds for a new trial?
Generally, in Indiana courts videotapes are inadmissible hearsay.
The evidence at issue is a videotape of an interview of K.W. by Detective Malloy. Videotaped statements are hearsay, and thus are generally inadmissible. Willis v. state, 776 N.E.2d 965(2002) Id at 966
But, an exception to videotape hearsay is drawn in child molestation cases, under Ind. Code § 35-37-4-6, the child hearsay statute, provides that videotaped hearsay statements of children are admissible in some situations. Willis supra,Id at 966
While, admitting the videotape in evidence the courts conduct a reliability test and also various standards and circumstances are taken into consideration. Pierce v. state, 677 N.E.2d 39(1997). From the decision in, Taylor v.state. 735 N.E.2d 308(2000) I understand that, when courts find the videotape unreliable then there is scope for new trial.
Poffenberger v. state,580 N.E.2d 995 (1991)- This is a case which has discussed extensively various standards and tests required to be followed while admitting videotape as evidence.