COMMONWEALTH OF KENTUCKY

CLARK DISTRICT (JUVENILE) COURT

CASE NO. 12-J-00307-002

IN RE: [DEFENDANT NAME]

MOTION TO PROHIBIT HEARSAY TESTIMONY

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Comes now the [DEFENDANT NAME], by counsel and pursuant to U.S. Constitution Amendments 5, 6, and 14, Kentucky Constitution Section 11, KRE 801 and 803, RCr 8.14, and Sanderson v. Commonwealth, 291 S.W.3d 610 (Ky., 2009), and does hereby move the Court to prohibit hearsay testimony from social workers, non-treating medical care providers, or any other party from relating to the Court or the jury at the trial of this action what was said by the alleged victim in this case concerning the identity of the alleged perpetrator or the nature of the alleged criminal conduct. In support of this Motion, the defendant states that the Kentucky Supreme Court “has continuously held that the hearsay testimony of social workers is inadmissible and constitutes reversible error because it unfairly bolsters the testimony of the alleged victim.” Sanderson quoting Smith v. Commonwealth, 920 S.W.2d 514, 516 (Ky., 1995). Non-treating medical providers similarly have no legitimate basis for testifying concerning the out-of-Court statements made by an alleged victim to them concerning any matters that are at issue in a sexual abuse case. Accordingly, the Court is requested to prohibit any such testimony from being offered at trial, let alone admitted into evidence.

Respectfully submitted,

WHITE, McCANN & STEWART, PLLC

BY______

David M. Ward

P. O. Box 578

Winchester, KY 40392-0578

(859) 744-2551

ATTORNEYS FOR DEFENDANT

NOTICE

The foregoing Motion is requested to come on for hearing before the Judge of the Clark Juvenile Court on Wednesday, August 20, 2014, at 9:00 a.m., or as soon thereafter as counsel may be heard.

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COUNSEL FOR DEFENDANT

CERTIFICATE OF SERVICE

I hereby certify that the foregoing has been served by mailing a true copy of same to Hon. Brian Thomas, Clark County Attorney, 17 Cleveland Avenue, Winchester, KY 40391, with copy to Hon. Earl-Ray Neal, District Judge, P.O. Box 114, Winchester, KY 40392-0114, and the original was mailed to the Clark District Court Clerk for filing, on this _____ day of August, 2014.

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COUNSEL FOR DEFENDANT

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