Cooper

The People appeal from the order dismissing the information charging Michael Arthur Cooper with one count of theft from an elder or dependent adult (Pen. Code, § 368, subd. (e)). It was also alleged that he misappropriated in excess of $50,000 within the meaning of section 12022.6, subdivision (a)(1). The People contend that the trial court erred (1) in excluding, in their entirety, two videotaped interviews of the victim on the ground that they violated defendant’s right to confront the witnesses against him, as described in Crawford v. Washington (2004) 541 U.S. 36 [ 158 L.Ed.2d 177 , 124 S.Ct. 1354 ] (Crawford); (2) in excluding the portion of one of the videotapes depicting a tour of the victim’s home to document its condition; and (3) in excluding the testimony of the People’s expert psychologist who was going to render an opinion on the victim’s mental capacity, because the opinion relied, in part, upon the videotapes that were inadmissible under Crawford .

We reverse.

FACTUAL AND PROCEDURAL BACKGROUND

On August 30, 2004, the district attorney filed an information against defendant, alleging one count of theft from an elder or dependent person, between April 1,…