By Jessica Taloney Reporter
Published: Wed, April 02, 2008 - 6:22 pm
Last Updated: Thu, April 03, 2008 - 9:03 pm
Last Updated: Thu, April 03, 2008 - 9:03 pm
Jessica Taloney
A judge was supposed to decide Wednesday whether there is enough evidence without 11-year-old Rebecca McEvoy's testimony to proceed with her rape case.
Rebecca was killed in a car crash in January, while she was waiting for her trial to begin.
Prosecutors were hoping to rely on Alabama law, which would allow statements she gave to investigators and counselors to be admitted as evidence in place of her testimony, but the attorney for the defendant says a 2004 Supreme Court ruling, Crawford vs. Washington, established a constitutional right for a defendant to confront his accuser.
"If they're correct about that it will be fatal," said Assistant District Attorney Steve Giardini.
The judge, who said he needed time to review the ruling, rescheduled the hearing for Rebecca's case for April 22nd.
Rebecca's step-father, Bob Ingle, is charged with raping and sodomizing the eleven year old. Ingle was a Chickasaw police officer when he was arrested in 2006.
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We love you- Becca and I know your looking down. I will do all I can to give the last wish you had to you. I know those efforts will not be invane and God will let justice come for you and all the others that’s been robbed.