State v. AdamsAnnotate this Case
The Supreme Judicial Court affirmed the judgment of the unified criminal docket convicting Defendant of unlawful sexual contact, holding that the trial court did not err when it admitted in evidence as past recollection recorded a video recording in which the victim described Defendant's assaults of her.
The video recording was of a forensic interview conducted of the victim shortly after the crime occurred. On appeal, Defendant argued that the court erred in admitting the video in evidence because the State had not established the proper foundation required by the exception to the hearsay rule and because the admission of the video violated his constitutional right to confront the witness. The Supreme Judicial Court disagreed, holding (1) the court did not err by determining that the State had satisfied the foundational elements of the recorded recollection exception to the hearsay rule; and (2) the court did not violate Defendant's constitutional right to confrontation by admitting the evidence because Defendant was provided the opportunity to cross-examine the victim about her out-of-court statements.