2004AP2583 State v. Savanh

“Vongrasamy’s casual remark on the telephone to Savanh, an acquaintance, plainly is not in the nature of either of the first two formulations, ‘ex parte in-court testimony’ or ‘extrajudicial statements … contained in formalized testimonial materials.’…. That Neuaone, an informant, overheard it does not transform Neuaone into a ‘government officer’ or change the casual remark into a formal statement. Simply put, statements made in furtherance of a conspiracy by their nature are not testimonial. …

“We hold that Vongrasamy’s casual statement to an acquaintance about getting a pack of cocaine, which statement was overheard by someone the declarant did not know was a police informant, does not bear the hallmarks of formality necessary to render it ‘testimonial’ within the meaning of Crawford. We affirm the trial court.”

Recommended for publication in the official reports.

Dist II, Sheboygan County, Van Akkeren, J., Nettesheim, J.

Attorneys:

For Appellant: Timothy A. Provis, Madison

For Respondent: Joseph R. DeCecco, Sheboygan; Michael C. Sanders, Madison