Charles Albert Massey, III v. Virginia

The victim testified at a preliminary hearing that her long-time boyfriend, Massey, had raped and abducted her. During cross-examination she feigned loss of memory, and the court did not allow Massey to cross-examine her for bias. A short time later the victim died of an unrelated cause. After the preliminary hearing Brady and other impeachment evidence was discovered, including a prior false allegation to law enforcement that Massey had assaulted her. The prosecution also added a new charge. At trial, the victim’s preliminary hearing testimony was read to the jury over Massey’s objection. The question presented is: Where a victim’s testimony accusing petitioner of abducting and raping her was elicited at a preliminary hearing, at which petitioner was prevented from crossexamining regarding bias, false statements, and new charges, does the Confrontation Clause permit the victim’s testimony to be read to the jury if the victim is unavailable?