State v. Bratt

The opinion of the court was delivered by Nancy Bratt appeals her conviction of two counts of aggravated
intimidation of a witness or victim under 18 years of age, K.S.A.
21-3833(d). Dennis Bratt appeals his convictions of two counts of
indecent liberties with a child, K.S.A. 1990 Supp. 21-3503(1)(b).
Each defendant claims the trial judge improperly (1) admitted
hearsay statements of the child-victim witness in violation of
the Confrontation Clause of the Sixth Amendment and § 10 of the
Kansas Bill of Rights; (2) permitted testimony concerning the
child's actions and statements by use of anatomical dolls; (3)
excluded expert testimony concerning the unreliability of
testimony based on use of anatomical dolls and the suggestibility
of children when interviewed by adult interrogators concerning
alleged sexual abuse; (4) prevented defendants from reading to
the jury the transcript of the child's statement given at the
second K.S.A. 1990 Supp. 60-460(dd) hearing;
[250 Kan. 266]
(5) excluded and/or adversely commented on defendants' proffered
evidence from lay witnesses; and (6) consolidated defendants'
cases for trial contrary to K.S.A. 22-3202(3). Defendants further
claim there was insufficient evidence to convict either
defendant.