The Supreme Court of Ohio has ruled that statements made by a domestic violence victim to a police officer in an ambulance were testimonial and not part of an ongoing emergency. This decision stems from the case involving B.B., who was assaulted by her fiancé, Garry Smith. While receiving medical care, B.B. informed the police about the incident.
According to the court's majority opinion, authored by Justice Patrick F. Fischer, "the primary purpose of the interrogation was to establish or prove past events potentially relevant to later criminal prosecution of B.B.’s assailant." The court determined that since B.B.'s statements were not aimed at addressing an ongoing emergency but rather recounting past events, they violated Smith’s constitutional right to confrontation as he could not cross-examine her.
B.B.'s statements were captured on March 21, 2020, via a police officer’s body camera following a 911 call reporting her assault. At Smith's trial, these statements were admitted as evidence under an exception to hearsay rules despite B.B.'s absence from testifying. Consequently, Smith was convicted on charges including domestic violence.
However, the Eighth District Court of Appeals overturned this conviction citing violation of Smith's confrontation rights due to the admission of all recorded statements. The Cuyahoga County Prosecutor’s Office appealed this decision to the Supreme Court.
The Supreme Court concluded that while B.B.'s statements to police were testimonial and inadmissible without cross-examination opportunity for Smith, her comments to EMTs during treatment were nontestimonial as they served the purpose of receiving medical care.
Justice Joseph T. Deters partially dissented, suggesting that initially it was unclear if there was an ongoing emergency and thus some early statements might have been nontestimonial until further investigation revealed otherwise.
The case has been sent back to determine if any responses made by B.B. during medical questioning constituted hearsay and for further legal considerations related to Smith's charges.