Domestic Assault and Battery Case Against Third Year Law Student Dismissed

The defendant is married to the victim and there exists a history of violence between the two. Earlier this week our office got a case against this same defendant and involving the same victim dismissed. The victim invoked her marital privilege however the prosecution attempted to proceed without her assistance. They argued that case law permits prior statements of the victim under the excited utterance exception to the hearsay rule. Attorney Neyman opposed that motion referencing case law established by the United State Supreme Court. Using the case of Crawford v. Washington we were able to establish that the victim’s statements to the investigating officer were “testimonial” and even if considered an excited utterance exception to the hearsay rule they could not be used. The trial judge agreed and the district attorney was unable to proceed. The case was dismissed.

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