For the Defense - Vol. 4, Issue 4 - 15

was taken to the hospital for further evaluation.
While at the hospital, C.H. was examined by
Cheryl Wier, a SANE, and questioned about what
had occurred between her and Mr. Howard.
This consisted of a preliminary observation for
trauma or psychological distress, followed by
a physical examination and interview of C.H.124
During this interview and examination, C.H.
was again reluctant to share many details and
responded to questions nonverbally, mostly
nodding and pointing to specific body parts when
prompted. She also seemed anxious and quiet
but did not seem to show any signs of trauma
or serious distress.125 Based on C.H.'s responses
to Ms. Wier's questions, a physical examination
was then performed. An examination of C.H.'s
vaginal area was performed, which showed some
abnormalities, but no acute injuries consistent
with trauma from sexual intercourse.126 During this
examination, an officer from the Bradford Police
Department was dispatched to the hospital.127
SANE Wier testified that she met with the
victim in the emergency room alone without any
law enforcement presence.128 According to the

nurse, "the purpose of the conversation with the
victim was for a medical exam related to sexual
assault."129 Furthermore, SANE Nurse Weir testified
that she asks "sexual assault victims whether and
into what orifice an accused ejaculated because
the answer to that question determines whether
and where the victim would need to be checked
for sexually transmitted disease."130
The exam of the victim of the Howard case by
the SANE nurse consisted of the following: Nurse
Weir asked why the victim thought she was being
seen, to which the victim stated "Because my dad
is touching me."131 When the nurse asked where
her father was touching her, the victim "gestured
toward her chest and genital area."132 When asked
if her father touched her with his hands or penis
the victim nodded yes.133
Given the above testimony the Court found
after "review of the record [it] demonstrated that
Nurse Weir clearly and unequivocally testified that
the purpose of the SANE exam was to medically
treat" and as such they held the testimony to be
non-testimonial.134
Once the testimony is found to meet a hearsay

Vol. 4, Issue 4

l

For The Defense

15


http://www.klehr.com

For the Defense - Vol. 4, Issue 4

Table of Contents for the Digital Edition of For the Defense - Vol. 4, Issue 4

Contents
For the Defense - Vol. 4, Issue 4 - 1
For the Defense - Vol. 4, Issue 4 - 2
For the Defense - Vol. 4, Issue 4 - Contents
For the Defense - Vol. 4, Issue 4 - 4
For the Defense - Vol. 4, Issue 4 - 5
For the Defense - Vol. 4, Issue 4 - 6
For the Defense - Vol. 4, Issue 4 - 7
For the Defense - Vol. 4, Issue 4 - 8
For the Defense - Vol. 4, Issue 4 - 9
For the Defense - Vol. 4, Issue 4 - 10
For the Defense - Vol. 4, Issue 4 - 11
For the Defense - Vol. 4, Issue 4 - 12
For the Defense - Vol. 4, Issue 4 - 13
For the Defense - Vol. 4, Issue 4 - 14
For the Defense - Vol. 4, Issue 4 - 15
For the Defense - Vol. 4, Issue 4 - 16
For the Defense - Vol. 4, Issue 4 - 17
For the Defense - Vol. 4, Issue 4 - 18
For the Defense - Vol. 4, Issue 4 - 19
For the Defense - Vol. 4, Issue 4 - 20
For the Defense - Vol. 4, Issue 4 - 21
For the Defense - Vol. 4, Issue 4 - 22
For the Defense - Vol. 4, Issue 4 - 23
For the Defense - Vol. 4, Issue 4 - 24
For the Defense - Vol. 4, Issue 4 - 25
For the Defense - Vol. 4, Issue 4 - 26
For the Defense - Vol. 4, Issue 4 - 27
For the Defense - Vol. 4, Issue 4 - 28
For the Defense - Vol. 4, Issue 4 - 29
For the Defense - Vol. 4, Issue 4 - 30
For the Defense - Vol. 4, Issue 4 - 31
For the Defense - Vol. 4, Issue 4 - 32
For the Defense - Vol. 4, Issue 4 - 33
For the Defense - Vol. 4, Issue 4 - 34
For the Defense - Vol. 4, Issue 4 - 35
For the Defense - Vol. 4, Issue 4 - 36
For the Defense - Vol. 4, Issue 4 - 37
For the Defense - Vol. 4, Issue 4 - 38
For the Defense - Vol. 4, Issue 4 - 39
For the Defense - Vol. 4, Issue 4 - 40
For the Defense - Vol. 4, Issue 4 - 41
For the Defense - Vol. 4, Issue 4 - 42
For the Defense - Vol. 4, Issue 4 - 43
For the Defense - Vol. 4, Issue 4 - 44
For the Defense - Vol. 4, Issue 4 - 45
For the Defense - Vol. 4, Issue 4 - 46
For the Defense - Vol. 4, Issue 4 - 47
For the Defense - Vol. 4, Issue 4 - 48
For the Defense - Vol. 4, Issue 4 - 49
For the Defense - Vol. 4, Issue 4 - 50
For the Defense - Vol. 4, Issue 4 - 51
For the Defense - Vol. 4, Issue 4 - 52
For the Defense - Vol. 4, Issue 4 - 53
For the Defense - Vol. 4, Issue 4 - 54
For the Defense - Vol. 4, Issue 4 - 55
For the Defense - Vol. 4, Issue 4 - 56
For the Defense - Vol. 4, Issue 4 - 57
For the Defense - Vol. 4, Issue 4 - 58
https://www.nxtbook.com/nxtbooks/PACDL/FORTHEDEFENSE_vol6_issue1_2021
https://www.nxtbook.com/nxtbooks/PACDL/FORTHEDEFENSE_vol5_issue4_2020
https://www.nxtbook.com/nxtbooks/PACDL/FORTHEDEFENSE_vol5_issue3_2020
https://www.nxtbook.com/nxtbooks/PACDL/FORTHEDEFENSE_vol5_issue2_2020
https://www.nxtbook.com/nxtbooks/PACDL/FORTHEDEFENSE_vol5_issue1_2020
https://www.nxtbook.com/nxtbooks/PACDL/FORTHEDEFENSE_vol4_issue4_2019
https://www.nxtbook.com/nxtbooks/PACDL/FORTHEDEFENSE_vol4_issue3_2019
https://www.nxtbook.com/nxtbooks/PACDL/FORTHEDEFENSE_vol4_issue2_2019
https://www.nxtbook.com/nxtbooks/PACDL/FORTHEDEFENSE_vol4_issue1_2019
https://www.nxtbook.com/nxtbooks/PACDL/FORTHEDEFENSE_vol3_issue4_2018
https://www.nxtbook.com/nxtbooks/PACDL/FORTHEDEFENSE_vol3_issue3_2018
https://www.nxtbook.com/nxtbooks/PACDL/FORTHEDEFENSE_vol3_issue2_2018
https://www.nxtbook.com/nxtbooks/PACDL/FORTHEDEFENSE_vol3_issue1_2018
https://www.nxtbook.com/nxtbooks/pacdl/FORTHEDEFENSE_vol2_issue4_2017
https://www.nxtbook.com/nxtbooks/pacdl/FORTHEDEFENSE_vol2_issue3_2017
https://www.nxtbook.com/nxtbooks/pacdl/FORTHEDEFENSE_vol2_issue2_2017
https://www.nxtbook.com/nxtbooks/pacdl/FORTHEDEFENSE_vol2_issue1_2017
https://www.nxtbook.com/nxtbooks/PACDL/FORTHEDEFENSE_vol1_issue4_2016
https://www.nxtbook.com/nxtbooks/PACDL/FORTHEDEFENSE_vol1_issue3_2016
https://www.nxtbook.com/nxtbooks/PACDL/FORTHEDEFENSE_vol1_issue2_2016
https://www.nxtbook.com/nxtbooks/PACDL/FORTHEDEFENSE_vol1_issue1_2016
https://www.nxtbookmedia.com