State v. Barnes

Citations

• 2020 Ohio 3184

Syllabus

Confrontation Clause hearsay Evid.R. 804(B)(6) recorded jailhouse phone conversations body camera footage, authentication Evid.R. 901. - Trial court did not abuse its discretion in admitting recorded jailhouse phone conversations between defendant and the victim, as well as body camera footage of police officer's interactions with the victim, even though the victim did not testify at trial, where the jailhouse phone conversations showed the defendant engaged in wrongdoing with the purpose of keeping the victim from appearing at trial. The evidence did not violate the Confrontation Clause because the defendant's wrongdoing forfeited his constitutional right of confrontation, and under Evid.R. 804(B)(6), the out-of-court statements in the phone calls and on the body camera footage were not hearsay. The jailhouse phone calls were properly authenticated and thus admissible.