Pirwani

In this appeal, we consider the constitutionality of Evidence Code section 1380, which creates a hearsay exception for statements made by elderly or dependent adults to law enforcement officials, in the wake of the United States Supreme Court’s recent landmark opinion in Crawford v. Washington.

Defendant Rozmin Salim Pirwani was a caretaker for Susan Ebaugh, a dependent adult. Ebaugh came into a large sum of money in August 1999, which was gone by February 2001. Threatened with eviction from her care facility for nonpayment of rent, she disclosed that she had entrusted the management of her finances to defendant. Shortly thereafter, Ebaugh died. Defendant was convicted of stealing Ebaugh’s money. (Pen. Code, §§ 368, subd. (e), 487, subd. (a).)

On appeal, defendant contends that her constitutional rights were violated at trial by the admission of two hearsay statements by Ebaugh: (1) a videotaped statement made by Ebaugh to police two days before she died, admitted into evidence pursuant to Evidence Code section 1380; and (2) a statement Ebaugh made to her social worker’s supervisor the day after she spoke to the police for the first time, admitted as a spontaneous…