Police Can't Offer Hearsay From Mentally Disabled Victims

Police Can't Offer Hearsay From Mentally Disabled Victims

POSTED: 6:15 pm EDT June 8, 2006

TALLAHASSEE, Fla. -- Statements that mentally disabled victims or witnesses give police cannot be used as courtroom evidence in place of direct testimony, but their comments to most other people may be introduced, a divided Florida Supreme Court ruled Thursday.

Such secondhand, or hearsay, testimony usually is barred because it would violate defendants' constitutional right to confront their accusers unless the victim or witness also testifies.

The justices in a 4-3 opinion upheld a law that makes a hearsay exception for comments by mentally disabled people if certain conditions are met but concluded it cannot be applied to police statements. The decision reversed an appellate court ruling that struck down the law.

A similar exception is on the books for young children, but the Supreme Court seven years ago stuck one for elderly people.

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