Do You Have the Right to Confront Your Accuser in a Washington Criminal Case?

Criminal defendants have numerous rights under state and federal law, including the right to confront a witness. In other words, a person charged with a crime has a right to question the anyone testifying on behalf of the State, and if a person is denied that right it may result in an unjust conviction.

The confrontation clause of the Sixth Amendment of the United States Constitution states that in criminal cases the person accused of a crime has the right to confront the witnesses against him or her. The clause is meant to protect defendants from out of court statements and affidavits being used in the place of live witnesses at trial. An admission of a testimonial statement violates a defendant’s right to confront a witness, except in cases where the witness is inaccessible and was previously cross-examined by the defendant. A statement is not subject to the confrontation clause if it is not testimonial, however. Whether a statement is testimonial depends on its context and primary purpose a reasonable person would understand the statement to have.

Example 1: Defendant Not Permitted to Question a Witness in an Assault Case

In a case recently decided by the Washington Court of Appeals. In that case, the court reversed the defendant’s conviction, due to the fact that the defendant was convicted of assault without being permitted to question witnesses regarding facts surrounding the alleged assault. If you are a Washington resident charged with assault you should speak with a capable Washington assault defense attorney to discuss your rights under the law.

The Alleged Assault

Reportedly, the defendant’s assault charges arose out of an altercation with the victim. The victim drove the defendant to the hospital due to an eye injury. When the defendant was discharged, he discovered the victim had left. The defendant had no money or cell phone, so he sold his watch to pay for a taxi to drive him home. He subsequently went to the victim’s house and demanded money from him, arguing that the victim’s abandonment forced him to sell his watch. The victim refused to pay, after which the defendant left.

Allegedly, a few days later the defendant returned to the victim’s house with a friend. What transpired at the victim’s house is disputed between the parties. It was conceded that the defendant and the victim engaged in an altercation, but it was disputed whether the victim had a knife during the altercation. When the friend was examined by the State’s attorney regarding what happened, he testified he believed the victim had a knife. He admitted he had previously told the police he did not think the victim was armed, however, and that he never saw the victim with a knife. When he was cross-examined by defense counsel regarding the inconsistencies in his account, the State’s attorney objected to the line of questioning and the court sustained the objection, halting any further testimony on the matter. Further, during closing arguments, the State stated multiple times that the friend testified that the victim did not have a weapon. The defendant was convicted of his charges, after which he appealed.

The Defendant’s Rights Were Violated

Under the Sixth Amendment of both the Washington and United States Constitutions, a defendant has the right to a meaningful opportunity to present a defense. This right encompasses the right to cross-examine witnesses. Cross-examination is the main method of testing the credibility of a witness and the truth of his testimony. In the subject case, the friend was a meaningful witness, as his testimony regarding whether the victim had a knife was relevant to the issue of whether the defendant was acting in self-defense. Thus, the court’s refusal to let the defendant’s counsel question the friend as to whether he believed the victim was armed violated the defendant’s constitutional rights. As such, the court reversed the defendant’s conviction.

Example 2: Inability to Confront an Absent Witness

A Washington appellate court recently explained what constitutes a violation of the Sixth Amendment right to confront a witness in a case in which the defendant was charged with assault.

It is reported that the defendant’s mother was awoken by screams in the early morning, after which she went into the room her son shared with his girlfriend, where she encountered the girlfriend  who had a swollen eye and blood on her face and appeared frightened. The defendant and his mother were the only other two people in the house. The defendant’s mother called 911 and reported that the defendant struck the girlfriend in the face. The mother handed the girlfriend the phone and the girlfriend stated that she thought her jaw was broken. When the police arrived the girlfriend told the officer that the defendant punched her in the face. EMS arrived as well, and transported the girlfriend to the hospital, where she told the emergency room doctor that the defendant hit her.

It is alleged that the defendant was arrested and subsequently charged with assault in the second degree. The police could not find the girlfriend prior to the trial and the case was tried without her. The defendant was convicted and appealed, arguing that the admission of the girlfriend’s out of court statements that he hit her violated his right to confront witnesses.

Right to Confront a Witness

In the subject case, the court found that the girlfriend’s statement to the emergency room doctor was for diagnosis and treatment, and the statements made to the police officer were contemporaneous and the purpose of obtaining a statement was to address an ongoing emergency and therefore, they were not testimonial. Thus, the court affirmed the verdict.

Meet with an Experienced Defense Attorney to Discuss Your Case

If you live in Washington and are charged with assault it is essential to meet with a skilled Washington assault defense attorney to discuss your case and what steps you can take to protect your rights. The proficient criminal defense attorneys of The Law Offices of Smith & White have the knowledge and experience needed to present a strong defense to help you seek a favorable outcome. You can reach us through our online form or at (253) 203-1645 or via our form online to schedule a meeting to discuss your case.