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Committee hears push to let wrongdoing that prevents witnesses be admitted in certain second-degree assault cases
Summary
Supporters asked lawmakers to extend a statutory hearsay exception now used for felonies to second-degree assault, arguing it would let juries hear evidence that a defendant tried to procure a victim—s absence. Opponents warned the change risks Sixth Amendment confrontation problems in misdemeanor bench trials.
House Bill 281 would extend Maryland—s existing statutory exception that allows admission of out-of-court statements when a defendant has "engaged in wrongdoing" to procure a witness—s absence (often cited as rule 5-804(b)(6) practice) to include second-degree assault. That extension would make the exception available in many domestic-violence cases that are prosecuted as misdemeanors.
Proponents, including Montgomery County prosecutor Debbie Feinstein, the Maryland Coalition Against Sexual Assault, Baltimore County domestic-violence service providers and several state's attorneys, said the exception fills a gap when abusers intimidate or persuade…
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