Theodore James Purdy v. Kansas

Petitioner Theodore James Purdy, III, was convicted after the prosecution elected not to call the three-yearold complainant but elicited from a detective that she had accused Purdy of vaginal penetration. The prosecution defended the accusation as non-hearsay background explaining the investigation but then relied on it in closing argument as corroboration of Mr. Purdy’s confession. The question presented is: W hether the Confrontation Clause allows the prosecution to introduce an absent child complainant’s testimonial accusation through a law-enforcement officer as ostensibly non-hearsay “background” when the accusation describes the charged act and the prosecution uses it to prove the defendant’s guilt.