Facts:  Petitioner Steven Beadle was convicted of child molestation in the Superior Court for Lewis County after a trial in which out of court statements made by the alleged victim were admitted into evidence after the alleged victim refused to testify.  Beadle subsequently appealed his conviction, asserting that the trial court erred in finding the alleged victim unavailable and admitting the out of court statements and in admitting evidence that the alleged victim’s unwillingness to testify was the result of post-traumatic stress disorder.  The Washington Court of Appeals affirmed Beadle’s conviction.  Beadle appealed this decision to the Supreme Court of Washington.

Question(s):  Did the trial court err in finding the alleged victim unavailable and in admitting her out of court statements?

If so, was the error harmless?

Did the trial court err in admitting evidence that the alleged victim’s unwillingness to testify was the result of post-traumatic stress disorder?

If so, was the error harmless?

Conclusion:  Chief Justice Madsen’s opinion for a unanimous Court affirmed the Washington Court of Appeals.  The Court concluded that although the alleged victim’s post-traumatic stress disorder rendered her unavailable, the trial court erred in admitting the statements she made to the police as these statements were testimonial in nature and Beadle had no opportunity for cross-examination.  However, the Court held that this error was harmless insofar as the disclosures made in these statements were similar to those made in non-testimonial out of court statements that had been properly admitted.  The Court also found that the trial court erred in admitting evidence that the alleged victim’s unwillingness to testify was the result of post-traumatic stress disorder as this evidence lacked probative value and improperly bolstered the state’s allegations.  However, as other testimony regarding the alleged victim’s psychiatric diagnosis and her behavior in therapy had been properly admitted, the Court held that this error was harmless.

Docket No. 84204-3 (from Court of Appeals Division II Case No. 37508-7)

Petitioner: Steven Beadle

(Counsel: Eric J. Nielsen)

Respondent: State of Washington

(Counsel: Colin Patrick Hayes)

Briefs:

Argument: Tuesday, February 15, 2011 10:00am

[Source: TVW, http://tvw.org]

Decided: Thursday, November 3rd, 2011

Prevailing Party: State of Washington (Respondent)

Vote: 9-0

Citation: Pending

Court: Madsen2 Court (2011-)

Madsen
(Majority)

Johnson

Alexander

Chambers

Owens

Fairhurst

Johnson

Stephens

Wiggins