Sixth amendment confrontation examination issue????
That was said by the defense. Hope the gritguy can help.
Dang it folks, I am horrible at typing fast.
Defendant has the right to confront the witness "testifying" against him. Whether it's the teacher, Cassidy, or whomever is making the statement referenced here (I'm not watching).
It's one of the issues when you're dealing with a deceased victim. Their statements can come in, and the accused has no way to "confront" those statements directly. The same can be said for CY's words or the teacher's words if they are not testifying in this trial. There is a hearsay issue, separate and apart from the confrontation clause.
ETA: Even if CY was on the stand in this trial, which I doubt, there would theoretically still be a confrontation clause issue with her statements, since she cannot testify as to what she said or did as a 2 year old, and therefore, cannot be crossed.