Evidence — hearsay

By: WISCONSIN LAW JOURNAL STAFF//July 17, 2014//

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U.S. Court of Appeals for the 7th Circuit

Criminal

Evidence — hearsay

Where the defendant pressured his daughter not to testify against him, hearsay evidence of her prior statements was properly admitted.

“The record easily supports the court’s conclusion that Jonassen successfully procured E.J.’s unavailability by incessant pretrial manipulation. As we have recounted, Jonassen worked tirelessly for seven months to persuade E.J. to recant. His tactics ranged from pleas for sympathy to bribes. He bombarded E.J. with phone calls, letters, and messages delivered through several family members. All this effort was in clear violation of a court order and directed at a young woman who was susceptible to his manipulation: According to Alice Jonassen’s testimony at the hearing, E.J. had long been subjected to abuse by her father. The evidence overwhelmingly supports the judge’s conclusion.”

Affirmed.

13-1410 U.S. v. Jonassen

Appeal from the United States District Court for the Northern District of Indiana, Moody, J., Sykes, J.

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