FRYE v. U.S.

No. 12-CM-1438.

86 A.3d 568 (2014)

Gary FRYE, Appellant, v. UNITED STATES, Appellee.

District of Columbia Court of Appeals.

Decided March 13, 2014.


Attorney(s) appearing for the Case

Andrew Murnane , for appellant.

Demian S. Ahn , Assistant United States Attorney, with whom Ronald C. Machen Jr. , United States Attorney, and Elizabeth Trosman and Chrisellen R. Kolb , Assistant United States Attorneys, were on the brief, for appellee.

Before THOMPSON and EASTERLY, Associate Judges, and FARRELL, Senior Judge.


FARRELL, Senior Judge:

Following a bench trial, appellant was found guilty of simple assault on Jewel Parker. He contends on appeal that Ms. Parker's statements in answer to the lone question "what happened" by a police officer responding to a report of an assault were admitted in evidence in violation of his constitutional right to confront Parker, who did not testify at trial. Agreeing with the trial judge that the statements were not "testimonial" in the circumstances...

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