SWAN v. PETERSON

No. 92-35493.

6 F.3d 1373 (1993)

William Orr SWAN; Kathleen Roland Swan, Petitioners-Appellants, v. Kurt S. PETERSON, Warden of Washington Correctional Center; Eldon Vail, Warden of Washington Correctional Center for Women; Chase Riveland, Secretary of Department of Corrections, Respondents-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided October 6, 1993.


Attorney(s) appearing for the Case

David Allen, Allen & Hansen, Seattle, WA, for petitioners-appellants.

Charles R. Nesson, Cambridge, MA, amicus curiae, in support of petitioners-appellants.

Paul D. Weisser, Asst. Atty. Gen., Olympia, WA, for respondents-appellees.

Before: WRIGHT, BEEZER and HALL, Circuit Judges.


EUGENE A. WRIGHT, Circuit Judge:

When the crime is child sexual abuse, one of the more difficult to detect and prosecute, a conviction hinges often on the words of children. What makes this case troubling is that the children did not testify at trial. On the basis of hearsay statements, supported by minimal corroborating evidence at best, a state jury convicted William and Kathleen Swan of sexually abusing their three-year-old daughter and her friend. The Swans have...

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