NO. 

THE STATE OF TEXAS

V.

DEFENDANT

§	IN THE _____________COURT
§
§	OF
§
§	_____________ COUNTY, TEXAS

MOTION TO SUPPRESS HEARSAY STATEMENTS OF CHILD WITNESS

TO THE HONORABLE JUDGE OF SAID COURT:

	COMES NOW, _________________ and moves this Honorable Court to Suppress all audio and video hearsay statements and also oral hearsay statements regarding alleged sexual abuse allegedly committed by the Defendant which were made by the alleged victims of such alleged abuses, _____________, whether used as a primary offense in the above cause or as extraneous offenses, and for grounds would show this Honorable Court the following:
I.
	The Defendant argues that these statements are hearsay.
II.

	The Defendant argues that these statements are violative of his/her rights to cross examination and confrontation under the Texas Constitution, Art. I, Section 10 and the United States Constitution, Amendments V, VI, and XIV.  The Defendant additionally argues that the admission of such hearsay statements violate the due process clauses of the United States Constition, Amendments V and XIV, and the Texas Constitution, Art. One, Section Thirteen and Nineteen.

III.

	Additionally, the Defendant argues that any hearsay testimony contained in audio on video recordings is inadmissible and suppressible pursuant to Art. 38.071 Texas Code of Crim. Proc., in that:

	1.	The recordings equipment was not capable of making an accurate recording;
	2.	The operator of the equipment was neither trained nor competent;
	3.	The quality of the recording was insufficient; 
	4. 	The recording was not accurate;
	5.	Not every voice on the video tape is identified;
	6.	The adult was not placed under oath or otherwise admonished in a manner appropriate to the adult's age and maturity to testify truthfully;
	7.	The adult was not competent to testify at the time that the recording was made;
	8.	The testimony of the adult on the recording was the result of, and in response to questioning calculated to lead the child to make a particular statement;
	9.	The testimony of the adult on the recording was the result of prior coaching and rehearsal so as to make the adult's testimony unreliable;
	10.	There was more than one recording make of this adult in connection with the events charged in this indictment;
	11.	An agent of the CrimDA/CtyAtty Office and/or ______________ Police Department was present when the recording was made.

IV.

	The Defendant argues that any oral and written hearsay statements of the alleged victims are inadmissible and suppressible pursuant to Art. 38.072 Texas Code of Crim. Proc., in that:

1.	Such statements were not made by the adult against whom the offense(s) was allegedly committed; and/or
2.	Witness offering such testimony is not the first person, 18 years of age or older to whom such statement was made; and/or
	3.	The State has not notified the Defendant of its intention to offer such statements; and/or
	4.	The State has not timely notified the Defendant of its intent to offer such statements; and/or
5.	The State has not provided the Defendant with the name of the witness through which it wishes to offer the statement; and/or
	6.	The State has not timely provided the Defendant with a summary of such statements; and/or
	7.	The State has not provided the Defendant with a summary of such statements; and/or
	8.	The State has not timely provided the Defendant with a summary of such statements; and/or
	9.	The statements are not reliable.

V.

	The Defendant argues that such statements are inadmissible and suppressable under Art. 38.23, Tex. Code Crim. Proc., because of the reasons set forth in Paragraphs I-IV supra.

	WHEREFORE, PREMISES CONSIDERED, Defendant prays that this Court will suppress all audio, oral, written and video statements.

Respectfully Submitted,

By:                                                                 

CERTIFICATE OF SERVICE

	A copy of the above and foregoing Application was mailed, postage prepaid, or hand-delivered to the CrimDA/CtyAtty of______________ County, Texas on the _____ day of ________, 200__.

 NO. 

THE STATE OF TEXAS

V.

DEFENDANT

§	IN THE ______________COURT
§
§	OF
§
§	______________COUNTY, TEXAS

O R D E R

	On this day, came on to be heard the Motion to Suppress Hearsay Statements of Child Witness and it is in all things (GRANTED) (DENIED, to which action of the Court Defendant duly excepts).

	SIGNED                                                              200__.

							                                                             
							JUDGE PRESIDING