Idaho v. Wright

Facts

Respondent was charged, under Idaho law, with two counts of lewd conduct with a minor under 16; Respondent’s daughters, aged 5 and 2 at the time of the alleged crimes, were the alleged victims of the lewd conduct. Respondent shared custody of the older daughter (under an informal agreement) with her ex-husband; each had the older daughter for 6 months of each year. During one 6-month period spent with her father, the older daughter told her father’s female companion Cynthia Goodman (Goodman) that she and her sister had been sexually abused by Respondent and Respondent’s male companion, Robert L. Giles (Giles). Goodman notified the police of what he had been told, and took the older victim to the hospital; the police, acting on Goodman’s allegations, took the younger daughter (who was living with Respondent at the time) to the hospital as well. At the hospital, an examination was conducted by Dr. John Jambura (Jambura), who is described as a, “pediatrician with extensive experience in child abuse cases.” The exam revealed evidence, “strongly suggestive of sexual abuse with vaginal contact.” The trial court, after a voir dire examination of the younger daughter, decided that the younger daughter (3 years old at the time of trial) was incapable of communication with the jury. Jambura was then allowed to testify, at trial, to the jury about the statements made to him by the younger daughter during the examination, which indicated that she had been sexually abused. The statements were admitted under Idaho’s residual hearsay exception, over the objection of Respondent.