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Evidence Keyed to Sklansky
Tome v. United States
Citation:
513 U.S. 150 (1995)Facts
Tome (Petitioner), was charged with felony sexual abuse of a child, his own four-year-old daughter. At trial, the prosecution, after putting the child on the stand, put six other witnesses on the stand. Those six witnesses testified to statements made by the child to them about the sexual abuse. The witnesses included the child’s babysitter, who stated that the child told her that she did not want to be returned to her father because he “gets drunk and he thinks I’m his wife.” The child’s mother also testified to what the child told the babysitter because, she was standing outside the room when the statements were being made. A social worker and three pediatricians were also called to testify. Most of this testimony implicated the Petitioner. The government offered the statements of these witnesses under Federal Rules of Evidence Rule 801(d)(1)(B). The trial court admitted all the statements over the Petitioner’s counsel’s objection. Tome was convicted. On appeal, he challenged the admission of testimony by the six witnesses who testified to statements made by the child to them about the sexual abuse, arguing that it was inadmissible hearsay.
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