The lower court order that was entered on the hearsay testimony of the coordinator was reversed and remanded.
Naming Mr. Lindsey allows the prosecutors to introduce hearsay testimony for a crucial part of their case.
Parents, therapists and police officers who give hearsay testimony in court about young children's statements may not be reliable witnesses, according to a new study.
The results, the researchers conclude, "raise concern about hearsay testimony that is provided by adults about prior conversations with young children."
Justice O'Brien said that the "inadmissible and highly prejudicial hearsay testimony" had been "knowingly presented for the purpose of poisoning the grand jury."
The court found that his constitutional right to confront witnesses had been violated because of hearsay testimony about his mental condition.
"Then ask him where he got the story, and let's not give the witness free reign to engage in hearsay testimony."
Some city attorneys disagree with her interpretation of evidentiary statutes when Zelon puts limits on their use of hearsay testimony.
The undercover officer who made the accusation got a reprimand for introducing hearsay testimony, and the case was dropped.
Judge Robertson discusses other factors in his decision, including which side had the burden of proof and considering the reliability of coerced or hearsay testimony.