[DV_listserv] FW: [napcdvrp] MAKING YOUR CASE: WHY VICTIM'S STATEMENTS MADE DURING THE FORENSIC EXAM ARE NOT TESTIMONIAL AND SHOULD BE ALLOWED AT TRIAL. Webinar: Friday, December 3, 2010 from 12:15 PM-1:00 PM

Sat Nov 20 10:35:37 PST 2010

I know this email (below) indicates that it's specifically for the
"Michigan Prosecutor Community," however I believe that others not in
Michigan would be able to register for it.

And while the subject matter is most commonly used in Sexual Abuse
cases, it's obviously relevant in DV cases, as well. 

-----Original Message-----

 From: napcdvrp at yahoogroups.com [mailto:napcdvrp at yahoogroups.com] On
Behalf Of Robertson, Thomas
Sent: Friday, November 19, 2010 8:33 AM
To: Michigan_Prosecutors_Forum at yahoogroups.com;
MichiganVictimForum at yahoogroups.com; MIPAF at yahoogroups.com;
paamvawproject at yahoogroups.com; napcdvrp at yahoogroups.com
Cc: Anna Craprotta; Gronowski, Amy
Subject: [napcdvrp] MAKING YOUR CASE: WHY VICTIM'S STATEMENTS MADE
DURING THE FORENSIC EXAM ARE NOT TESTIMONIAL AND SHOULD BE ALLOWED AT
TRIAL. Webinar: Friday, December 3, 2010 from 12:15 PM-1:00 PM

MAKING YOUR CASE: WHY VICTIM'S STATEMENTS MADE DURING THE FORENSIC EXAM
ARE NOT TESTIMONIAL AND SHOULD BE ALLOWED AT TRIAL.  Webinar: Friday,
December 3, 2010 from 12:15 PM-1:00 PM, presented by Anna E. Craprotta,
Sexual Assault Training Attorney.

We would like to invite the Michigan Prosecutor Community to "attend"
MAKING YOUR CASE: WHY VICTIM'S STATEMENTS MADE DURING THE FORENSIC EXAM
ARE NOT TESTIMONIAL AND SHOULD BE ALLOWED AT TRIAL.  Webinar: Friday,
December 3, 2010 from 12:15 PM-1:00 PM EDT, via "webinar". 

During the sexual assault forensic exam, the victim (patient) provides a
history of the presenting complaint to the sexual assault nurse examiner
(SANE) or other treating medical professional.  That information is then
used to medically treat and care for the patient.  That information is
also used to ensure that the patient is safe.  At trial, the statements
made to the SANE or other medical professional can be very useful to
corroborate the victim's version of events and to provide additional
evidence against the perpetrator.  In recent years, Michigan courts have
ruled that these statements do not simply come in under the medical
hearsay exception, 803(4), but that they must also meet the "totality of
the circumstances" test to ensure that they are not TESTIMONIAL.  

Please join us as we analyze recent case law, discuss how to defeat
defense motions, and argue effectively for the admission of victim's
statements through the testimony of SANE/medical professionals at trail.

Please feel free submit questions relating to this topic, prior to the
webinar, at:  aecraprotta at gmail.com.  

INSTRUCTIONS                  

You attend the training using your computer and telephone. You will be
able to view the training, handouts etc. on you computer using Internet
Explorer and your Internet connection.  You must be using Windows 2000
or Windows XP.

Registration.  You can register anytime in advance of the program.  To
register go to https://www1.gotomeeting.com/register/542684809.  You
will get a registration confirmation email with the information you will
need to attend the webinar. You also will get an email reminder 1 day
and 1 hour before the training.

Handouts.  The training handouts, if any, can be downloaded in advance
at: www.michiganprosecutor.org.  Just click on "Webinars" and download
attachments for the date of the webinar that you are attending.

Joining the Webinar. 

1.  Connect to the webinar and call in 10 minutes prior to the training.
This will give us a chance to resolve any difficulties prior to the
training.

2. Call into the conference call: Follow the directions in the
registration confirmation email that you will receive from gotowebinar
after you register for the webinar.

3. In Microsoft Internet Explorer go to the address you were given when
you registered.  An easy way to do this is to click on the URL listed in
your registration confirmation e-mail.

4. You will be prompted for permission to accept a download; click Yes
or Grant. This script is removed when you leave the training.

5. You will be prompted for the password. The Training Password is -
paam (lower case).

6. An audio code will be displayed at the start of the webinar.  You
will need to enter this on the phone to participate in the conference
call portion of the webinar.

7. Please do not put your phone on hold, or we will hear your "on hold
music".  Please also mute your phone if you are talking to someone
during the webinar.

8. Questions will be taken at the end of the presentation.  You can
email questions during the presentation by using the question and answer
section in the Webinar window.

Thomas M. Robertson

Michigan Prosecuting Attorneys Coordinating Council

517-334-6060, ext. 809

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