Appellate panel hears challenge to admission of forensic interview and defendant—s confession

An appellate panel heard oral argument challenging the trial court—s admission of a child—s forensic interview and a defendant—s custodial statement in a prosecution for sexual offenses against a minor.

At the hearing, defense attorney Mr. Haas argued the trial judge should have struck the forensic interview because, he said, the child—s testimony at trial left her "not available for cross examination" on the elements of the offenses and thus undermined the trustworthiness findings made under Tenn. Code Ann. § 24-7-123. He also told the court that detectives falsely told his client that the lab had found the defendant—s DNA on two items of the victim—s clothing and that the lie rendered the subsequent statement involuntary.

The argument focused on two linked legal questions: whether a witness who testifies but declines or is unable to answer specific questions about the elements of alleged offenses is "available for cross-examination" under the statute and the confrontation clause; and whether detectives— alleged misrepresentations about DNA evidence…