Swan v. Peterson

6 F.3d 1373 38 Fed. R. Evid. Serv. 404 William Orr SWAN; Kathleen Roland Swan, Petitioners-Appellants, v. Kurt S. PETERSON, Warden of Washington Correctional Center; Eldon Vail, Warden of Washington Correctional Center for Women; Chase Riveland, Secretary of Department of Corrections, Respondents-Appellees. No. 92-35493. United States Court of Appeals, Ninth Circuit. Argued and Submitted Aug. 2, 1993. Decided Oct. 6, 1993. David Allen, Allen & Hansen, Seattle, WA, for petitioners-appellants. Charles R. Nesson, Cambridge, MA, amicus curiae, in support of petitioners-appellants. Paul D. Weisser, Asst. Atty. Gen., Olympia, WA, for respondents-appellees. Appeal from the United States District Court for the Western District of Washington. Before: WRIGHT, BEEZER and HALL, Circuit Judges. EUGENE A. WRIGHT, Circuit Judge: 1 When the crime is child sexual abuse, one of the more difficult to detect and prosecute, a conviction hinges often on the words of children. What makes this case troubling is that the children did not testify at trial. On the basis of hearsay statements, supported by minimal corroborating evidence at best, a state jury convicted William and Kathleen Swan of…