More from the last link:
2004 N.Y. Misc. LEXIS 231 at 5 (citing Crawford, __ U.S. at __, 158 L. Ed. 2d at 203).
HN5Under Crawford, a Sixth Amendment Confrontation Clause analysis is whether a particular statement is testimonial or non- testimonial in nature, and not whether the statements offered into evidence fall into a well-rooted hearsay exception, such as the "excited utterance" exception. Moscat, 2004 N.Y. Misc. LEXIS 231 at 12-13. However, the Crawford decision "expressly declines to define what a testimonial statement is . . . ." 2004 N.Y. Misc. LEXIS 231 at 5. We must first [**13] decide whether Moore's statements are testimonial or non-testimonial in nature. If these statements are non-testimonial, then the Confrontation Clause is not implicated, and "the statement's admissibility is merely a matter of applying evidentiary rules regarding hearsay and various hearsay exceptions." Id.
Moscat is one of the first cases to interpret Crawford. The Criminal Court of New York had to determine whether a 911 call made by the victim was testimonial or non-testimonial. 2004 N.Y. Misc. LEXIS 231 at 13. The court held that the 911 call was non-testimonial in nature and "is essentially different in nature than the 'testimonial' materials that Crawford tells us the Confrontation Clause [*27] was designed to exclude." Id. The court stated:
So why was Kim crying? Kim is worse than the AV imo. At least the AV can say she was wacky on pills and alcohol. Honest to God, huh.....
"I didn't do enough," she said, tears welling in her eyes. "I didn't do enough. I didn't do enough."
"In all honesty, I think they're guilty," she said. "And I can't say which ones are guilty ... but somebody did something besides underage drinking. That's my honest-to-God impression."
More comments, LOL!
Reading Kim's statement it seems as if Prescious can't handle stress.
When she is stressed, she flips, becomes mental, looney, crazy, hysterical, whatever.
Jarriel described an incident as did the manager of that strip club several years ago. IOW, Crystal is crazy.
Also reading the statement, I believe it is about an honest of an account as Kim can give. My gut tells me she was pretty honest when she was writing.