A California evidentiary code provision that creates a hearsay exception for statements made by elderly or dependent adults to law enforcement officials is unconstitutional. People v. Pirwani (Cal. Ct. App., 6th, No. H025395, June 21, 2004).
Rozmin Pirwani was director of nursing at an intermediate-care facility for physically dependent adults. Resident Susan Ebaugh came into a large sum of money that quickly disappeared. Ms. Ebaugh died soon therafter. Shortly before her death, Ms. Ebaugh disclosed that she had entrusted the management of her finances to Ms. Pirwani, who was subsequently convicted of stealing Ms. Ebaugh's money. On appeal, Ms. Pirwani contended that her constitutional rights had been violated by the admission of two hearsay statements by Ms. Ebaugh: (1) a videotaped statement made to police two days before she died, admitted into evidence pursuant to an evidentiary code provision that creates a hearsay exception for statements made by elderly or dependent adults to law enforcement officials; and (2) a statement Ms. Ebaugh made to her social worker's supervisor the day after she spoke to the police, which was admitted as a spontaneous declaration.
The California Court of Appeal reverses, ruling that the state evidentiary code provision is unconstitutional based on the U.S. Supreme Court's holding in Crawford v. Washington, 123 S.Ct. 1354 (2004), which found that an out-of-court testimonial statement made by a witness to law enforcement officials was barred by the Sixth Amendment's Confrontation Clause. The court also rules that the social work supervisor's statement was not a spontaneous declaration and should not have been admitted. The conviction is reversed because the case against Ms. Pirwani hinged on these two statements.
To download the full text of this decision in PDF format, go to: https://www.courtinfo.ca.gov/opinions/documents/H025395.PDF.
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