R.Y. was convicted of sexual offenses against two young girls, Briana and Sharie. On appeal, R.Y. contended that the trial court impermissibly excluded Sharie’s statement to a caseworker that it was defendant’s step-son who touched her. The Court agreed, reversed the conviction as to Sharie, and remanded that case for a new trial. The Court affirmed R.Y.’s conviction for illegal conduct against Briana.
The trial court granted the State’s motion to preclude the case worker from testifying that the notes from his interview with Sharie stated, “[W]orker asked if anyone has ever touched her in the bad part, and she said yes it was [R.Y.’s step-son].” The trial court determined that R.Y. did not present sufficient evidence of third-party guilt. The Court ruled that the caseworker’s testimony regarding Sharie’s statement was clear evidence of third-party guilt and was therefore impermissibly excluded at trial.