The Missouri Supreme Court has ruled on a case involving a 911 call that was the only testimony of the victim in court. Lamont Kemp was accused of holding his girlfriend against her will. The girlfriend could not be found to testify at Kemp’s trial, so at trial the prosecutor introduced the 911 call she made detailing what was occurring. Kemp was convicted in 2004 and appealed. The state court considered Kemp’s Sixth Amendment right to confront his accuser, but also took into account the Davis v. Washington case that the U.S. Supreme Court ruled on in 2006. In that case the federal court said that, in general, statements made to obtain help and which are not an interrogation are admissible in court, even if the 911 caller doesn’t appear to testify. Download (pdf) the 12-page Missouri court decision here. Check the U.S. Supreme Court story here.
0 comments… add one
You must log in to post a comment. Log in now.