North Carolina Has Its First Forfeiture by Wrongdoing Case

Under the new Crawford confrontation clause analysis, testimonial hearsay statements by witnesses who do not appear at trial cannot be admitted unless the prosecution shows unavailability and a prior opportunity for cross-examination. As discussed in more detail in my paper here, the U.S. Supreme Court has recognized a forfeiture by wrongdoing exception to the Crawford rule. The exception extinguishes confrontation claims on the equitable grounds that a person should not be able to benefit from his or her wrongdoing. Forfeiture by wrongdoing applies when a defendant engages in a wrongful act that prevents the witness from testifying, such as threatening, killing, or bribing the witness. When the doctrine applies, the defendant is deemed to have forfeited his or her confrontation clause rights. Put another way, if the defendant is responsible for the witness’s absence at trial, he or she cannot complain of that absence. The recent case of State v. Weathers is the first North Carolina case to apply the forfeiture by wrongdoing exception. In that case, the defendant was charged with first-degree murder and kidnapping. At trial an eyewitness named Johnny Wilson was a key witness for the State. When Wilson began his testimony, he was visibly upset. When his testimony resumed two days later, Wilson quickly became distraught and indicated he did not wish to make any other statements. Wilson, who was shaking, laid his head down on the witness stand and began to cry. He became even more upset when a young man dressed in street clothes entered [...]