Contents
PART ONE
Statement of the Proceeding Below and Introduction
Statement of Facts
The Facilities
Taekwondo Unifroms
The Accusations
The Trial
The Genesis of the Accusations
The Church and School Further Disseminated Accusations
The School Was Also a Mouthpiece for the Accusations
Complainants Mixed and Mingled
Influential Methods of Questioning
Parents' Use of Influence
Parents and Other Adults Told the Complainants What to Say
The State Interviews
The Accusations Elicited by Parents, Investigators, and at Trial
Stories That Changed
The Complainants
The Parents
Videotapes of Interviews
The State Experts
The Scientific Research
Mr. Fiek's Testimony
PART TWO
Enumeration of Errors
Statement of Jurisdiction
Standards of Review
Preservation of Record
Part Three: Argument
Error #1: Hearsay
A. Introduction
Hearsay Admitted in Error
Admissible Hearsay Must be Reliable
The Hearsay Was Unreliable
Out of Court Statements Not Trustworthy
Out-of-Court Videotapes
The Hearsay was Unnecessary
Error #2: Exclusion of Non-Accusers Videos
Content of Non-Accuser Interviews
Non-Accuser Interviews Were Crucial
The Right to a Defense and to Cross-Examine
Exclusion was Unconstitutional
Error #3: Experts Bolstered the Accusations
The State Experts' Testimony
Testimony Violated Prohibition on Bolstering
Error #4: Insufficient Evidence
Conclusion