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Frazier v. State

The trial court properly admitted the videotaped interviews of the 4-year-old victim under the Child Hearsay Statute, since the girl took the stand and was available for cross-examination.

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A DeKalb County jury found David Earl Frazier guilty of two counts of child molestation for acts he committed against the three-year-old daughter of his ex-girlfriend, which offenses came to light when the then four-year-old child spontaneously told her mother that a pair of panty hose her mother had rolled into a ball “looked like David Frazier’s penis.” This is the second appearance of this case before us.1 We reversed the judgment entered on the first jury’s verdict of guilty, finding that certain evidence was improperly admitted at trial. Frazier now appeals the judgment entered on the second jury’s guilty verdict. Finding no merit to Frazier’s lengthy claims of error, we affirm his conviction.

1. Frazier contends that the trial court erred in permitting the introduction of a videotape of the victim’s outcry; he argues that the videotape did not have the requisite “indicia of reliability” necessary for admission. We disagree.

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