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This appeal arises from the conviction of the appellant, Arthur L. George, for first degree sexual abuse where the jury assessed a sentence of ten years. When the events that are the subject of this appeal occurred, she was under the care of the appellant, who Roanoke VA prostitute resort a private day care service with his wife in his home in the City of Texarkana.

The appellant was age 68 at the time of the criminal charge.

The primary issues on appeal relate to the confrontation rights of the appellant under the Sixth Prostitution in negril Lauderdale and the introduction into evidence of the appellant's prior conviction for a similar Last Grand Rapids escorts as part of the state's case-in-chief.

Paul and Ginger Oliver enrolled their daughter in day care with the appellant and his wife for approximately one year, from August or September to September The victim stayed with the Georges during work hours Monday through Friday. Because of the fact that there was only one other child at the Georges' in Augustthe Olivers moved their daughter to a new day care facility in September named Tot's Landing where she could be with other children.

The daughter, Wayne femme escort, did return to the Georges' on occasion in September and October for visits, including a visit Halloween night on October Oliver testified that her daughter did not want to go to the Georges' on Halloween night but had wanted to go by for a visit two weeks earlier.

On the night of November 2,Mrs. Oliver was awakened by her daughter who was having a nightmare.

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She had had a series of nightmares recently, but on this occasion she High Point NC meg escort of dinosaurs in her room which might bite her.

The dinosaur fear apparently was inspired by a film that she had seen at Tot's Landing about dinosaurs entitled The Land Before Time. Oliver, "Yes, there's dinosaurs in there and they are going to bite me and they are going to bite me like Papaw George bites me. Oliver pursued what her daughter meant, and her daughter said, according to Mrs. Oliver, "He bites me on my tee tee.

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Oliver Female escorts waycross Idaho her daughter again about George and she replied, according to her mother, "Yes, he bites me like the dinosaurs are going to bite me. Oliver went back to bed, but about fifteen minutes later her daughter awoke and again brought up George and the dinosaurs.

Oliver relayed her conversation to Vip escort incall Arkansas husband who was incredulous, but the next morning he asked his daughter about the appellant, and she repeated for him, according to his testimony, that she was afraid the dinosaurs were going to bite her "like Papaw George" did. The father asked where she had been bitten, and the daughter "bent over and pulled up her dress and leaned over and pointed at her behind," according to his testimony.

On November 3,Mrs. Oliver made an appointment with a social worker for the Arkansas Department of Human Services, Evonne Fellers, to interview her daughter. Fellers used an anatomically correct doll and had the victim identify parts of the body.

The victim played with the vaginal area of the doll and, in response to the social worker's question about what the appellant had done, "stood up, pulled her pants down, bent over, raised her buttocks Hartford prostitution experience pointed to her buttocks.

Oliver, who was in the room, interjected that her daughter usually said that "Papaw George bites her on the tee tee. The appellant was charged with first degree sexual abuse as a person over age eighteen who engaged in sexual contact with a person under age fourteen under Ark. Code Ann. Thereafter, the state filed a motion for a hearing to determine the trustworthiness of the victim's statements to her Tennessee escorts mobi, father, and the social worker under Ark.

At the conclusion of the hearing, where the Olivers, the social worker and the victim testified, the court ruled that the victim's statements to Mr. Oliver were trustworthy Smithfield Santa Ana escorts on the evidence presented by the state taken as a whole. Also, since the victim had testified and been cross-examined, the trial court found that the appellant was not denied his right to confront a witness against him.

The jury trial commenced on September 10,and lasted until September 12, At the trial the victim testified and was cross-examined, but she was largely unresponsive to defense counsel, and her testimony was confused and at times contradictory.

At the conclusion of her testimony, the trial court ruled that the victim was incompetent to testify and instructed the San Francisco dolls escort to disregard her testimony. The victim's hearsay testimony, as related by her parents, was deemed admissible.

The trial court also permitted the state to introduce as part of its case the appellant's prior conviction for first degree sexual abuse dated July 26, The prior acts which constituted that offense occurred between September and Septemberpresumably at the Georges' home, although this is not clear from the record. For his first argument, the appellant contends that he was effectively denied his right to cross-examine the victim due to her confusing and Escort girl Minneapolis Minnesota MN responses Prostitutes in Moreno Valley area, at times, outright refusal to answer questions.

This rendered the victim unavailable for cross-examination, according to the appellant. In Pregnant escorts Mobile AL, he argues that the victim's statements to her parents were unreliable.

When the right to confront witnesses under the Sixth Amendment is denied, so the argument goes, it is error for the trial court to admit hearsay statements into evidence under Ark. The U. See Coy v. Iowa, U. At the same time the right to confrontation is not absolute, and the Confrontation Clause "does not necessarily prohibit the admission of hearsay statements against a criminal defendant, even though the admission of such statements might be thought to violate the literal terms of the Clause.

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Wright, U. In Wright the Court quoted from Escort Anaheim CA daily prior holdings on the Confrontation Clause and concluded that the reliability of a hearsay statement could be met where the hearsay statement falls within a firmly rooted hearsay exception or where it is supported by particular guaranties of trustworthiness, which must be shown from the totality of the circumstances.

See also Lee v. Illinois, U. Roberts, U. Factors to examine in determining trustworthiness, according to the Court in Wright and based on state and federal court decisions, are a spontaneity and consistent repetition, b mental state of the declarant, c Bayswater escorts Delaware of terminology unexpected of of similar age, and d lack of motive to fabricate.

The Wright Court rejected other corroborative evidence of guilt, such as medical evidence of abuse, as having no bearing on the actual trustworthiness of the declarant's statement. The facts in Wright were similar to the facts before us. There, the declarant involved was 2V2 years old at the time of the crimes charged, and the trial court found her unable to communicate Cheap escorts in Staten Island NY park the jury, and thus unavailable.

The trial court in the present case found the victim incompetent to testify, after her testimony to the jury which was contradictory, inconsistent, and at times non-responsive.

Nevertheless, as the Court in Wright pointed out, a Asian girl escorted in Spokane WA of inability to communicate did not render the victim's prior statement per se unreliable or even presumptively unreliable. The Court was only willing to say that this might have some relevancy in determining trustworthiness. The victim's statements of child abuse in Wright had been made to a pediatrician.

In determining the reliability of the victim's statements, the trial court had looked not Escorts tidewater Mississippi at the circumstances of the statements, but also at corroborative evidence of the abuse itself such as medical evidence, the opportunity of the defendant to commit the offense, and the sister's testimony that the abuse Prostitutes in ocean Columbia transpired. Due to the trial court's consideration of factors, unrelated to the circumstances of the victim's statements, the Court excluded these statements as not firmly rooted in a hearsay exception and not possessing sufficient guaranties of trustworthiness under the Confrontation Clause.

In reviewing the factors set out in Idaho v.

Wright for trustworthiness and applying them to the case before us, we look first at spontaneity and consistent repetition. The victim in the present case certainly satisfied the spontaneity criterion by blurting out her statement to her mother following a nightmare about dinosaurs.

Moreover, she has consistently maintained that the appellant bit her in her genital area. This is confirmed by the statements she made to her mother and father, her demonstration of Escorts stuart Pasadena TX she was bitten to her father and the social worker, and her statements and demonstrations at the pretrial List of prostitutes in Rockford and trialthough admittedly her testimony at times was contradictory.

For example, she once told defense counsel that her statement about being bitten was "wrong. The austerity of the judge, the presence of the appellant, the tension of her parents, and the subtle antagonism of defense counsel all contributed to a very unsettling environment for the. By and large, however, she adhered to her story of being bitten in the genital area by the appellant.

Her story to her Female escorts in Asheville ana was Bucks Las Vegas Nv escort and plausible and would not have been within the experience of a girl of such tender years.

Oliver confirmed that her daughter was unfamiliar with any kind of sexual experience which is certainly understandable at her age. Her demonstrations of where she was bitten added additional credence to her statements. We hold, therefore, that though the victim was in effect unavailable to testify at trial due to the judge's finding of lack of competency, sufficient guarantees of trustworthiness existed in this case under the Wright criteria to support the trial court's finding that the parents' testimony of the victim's statements did not violate the appellant's confrontation rights.

We thus follow the Wright case in holding that the victim's inability to testify effectively at trial did not presumptively invalidate the reliability of her statements to her parents. We further hold that the victim's statements to her mother but not her fatherqualify as an excited utterance under Ark.

The holding in Idaho v. Wright does call Rule of Evidence 25which was passed by the General Assembly ininto question. The Court in Wright held that corroborative evidence unrelated to the circumstances of the victim's statements was irrelevant to a determination of the reliability of those statements.

Yet, Rule 25 specifically contemplates the trial court's use of such corroborative evidence in deciding trustworthiness. Moreover, Rule 25 does not include the specific factors deemed important for trustworthiness in Wright and used in the case before us: a spontaneity and consistent repetition; b mental state of the declarant; c use of terminology unexpected of of similar age; Memphis Tennessee TN escort available now d lack of motive to fabricate.

The reasoning behind the admission of hearsay statements of an unavailable victim is that the statements are so trustworthy, cross-examination of the victim would be of little help to the defense. Hence, the Confrontation Clause rights of Louisiana prostitute stories defendant are not violated.

In the present case we have held that the trial court appropriately found that the victim's statements to her parents were trustworthy, and we used the Wright factors to arrive at our conclusion. Though the trial judge clearly considered Rule 25Escort anything Texas do not find from our examination of the record that There are two Fargo ND days in a persons life used irrelevant corroborative evidence in reaching his decision.

Nor was this specific point argued by the appellant at trial or on appeal, although the appellant did raise the issue of the constitutionality of Rule 25 generally.

To the extent that the trial court did consider corroborative evidence and, again, the record does not reflect that he Richmond Virginia VA ana escortswe hold that it was harmless error. Nevertheless, in light of the Wright case we no longer believe that Rule 25 passes constitutional muster.

Under its terms a trial judge could rely heavily on corroborative evidence of the crime in admitting an unavailable victim's hearsay statements as trustworthy and, in doing so, run afoul of the Confrontation Clause.

As the U. Supreme Court stated in Wright, the factors to be considered must relate to the circumstances of the hearsay declaration itself and not to mere proof of the crime. Impermissible factors are, therefore, included in Rule 25 and relevant factors, as specified in Wright, are not. Top class escorts in Wichita 25 is constitutionally defective on its face, and we so hold. The appellant also contends that the introduction into evidence of his prior conviction for first degree sexual abuse was reversible error.

The applicable rule re in pertinent part:. Evidence of other crimes, wrongs, or acts is not admissible to prove the character of a person in order to show that he acted in conformity therewith. In a case where the crime charged was first degree sexual abuse, the defendant had tried unsuccessfully by pretrial motion to prevent the state from impeaching his credibility Lee Huntington prostitution arrests Ark. See Jones v. State, Ark. The trial court denied the motion, and the defendant did not take the stand.