Appellate panel hears challenge to convictions over hearsay evidence and timing tied to law change

A three-judge panel of the appellate court heard oral argument in the appeal of Roy Frazier, whose counsel asked the court to reverse and dismiss one count and to reverse the aggravated sexual conduct conviction on sufficiency and hearsay grounds.

Catherine Oberam, attorney for appellant Roy Frazier, told the panel that the prosecution’s proof on the aggravated sexual battery count “consisted primarily of a hearsay statement made by the victim ... to a DCS investigator,” and that the trial court plainly erred by admitting the statement without an applicable hearsay exception. Oberam told the panel that the investigator, Clarion Harris, testified that the victim said “they made love, which meant touching her privates,” and that there was no further forensic follow-up after that disclosure.

The defense argued that, because the hearsay testimony was the most substantial evidence supporting count 2 and trial counsel did not object at the time, the appellate court should nonetheless correct the error under plain-error review and find the evidence…