041369P.pdf   03/07/2005  United States  v.  Edward E. Bordeaux
   U.S. Court of Appeals Case No:  04-1369
   District of South Dakota   
   Criminal Case - criminal law. Judgment of conviction for aggravated 
   sexual abuse of a child is reversed because defendant was denied the 
   opportunity to confront his accuser, who testified by two-way closed- 
   circuit television. Two-way closed-circuit television is not the equivalent 
   of face-to-face confrontation and district court's did not make finding that 
   child's fear of defendant was the dominant reason to justify use of closed- 
   circuit television. Admission of statement on video tape during interview 
   with forensic interviewer violated confrontation clause because child did 
   not appear at trial and statements were testimonial. District court should 
   have excluded hearsay statements from three witnesses who testified to 
   out-of-court statements made by child. Other claims relating to of a 
   denial of fair trial, exclusion of statements to investigator and FBI were 
   not error. Because errors were not harmless, conviction is reversed and 
   case is remanded for a new trial.[PUBLISHED] [M. Arnold, Author, with 
   John R. Gibson and Smith, Circuit Judges]