032280P.pdf   02/02/2004  United States  v.  N. Turning Bear, III
   U.S. Court of Appeals Case No:  03-2280
   District of South Dakota   
   Criminal case - criminal law. In case involving sexual abuse of minors, 
   the district court erred in excluding testimony from the foster care parent 
   with whom the alleged victims lived following the initial report and 
   investigation of abuse; the offered testimony on a victim's truthfulness 
   was admissible under Rules 608 and 701, and its exclusion was not 
   proper under Rule 403; use of closed-circuit television to present the 
   victim's testimony violated defendant's Sixth Amendment right of 
   confrontation because the district court failed to make an adequate case- 
   specific finding of necessity as required by Maryland v. Craig, 497 U.S. 
   836 (1990); court also erred in admitting a twelve-minute videotape of 
   the victim's out-of-court statements to a forensic interviewer, as the tape 
   was hearsay and did not bear sufficient indicia of reliability to justify its 
   admission; as there is a reasonable probability that the evidentiary errors 
   contributed to the finding of guilt, they were not harmless, and the case 
   must be remanded. [PUBLISHED] [M. Arnold, Author]