In Washington domestic violence cases, the prosecution or defense may want to present evidence of what one of the involved parties said about the events. Hearsay evidence is generally not allowed, so such statements must fall within an exception to the hearsay rule to be admissible. A Washington appeals court recently considered whether a victim’s statement to a police officer was appropriately admitted into evidence.
The couple lived together in the woman’s home at the time of the incident. They got into an argument and the woman reached to take back a cell phone she had given the defendant. According to the court’s opinion, the defendant wrapped his arm around her neck and strangled her for about 10 seconds.
The woman called 911. When the deputies arrived, the woman described these events to one of them.