United States v. Frederick Yazzie

Defendant-Appellant Frederick Yazzie appeals from a jury verdict finding him guilty on fourteen counts of sexual abuse on and abusive sexual contact with his nine-year-old stepson (the victim). In his appeal, we consider several evidentiary rulings made by the district court, which Yazzie contends were erroneous and violated his rights under the Confrontation Clause and his right to a fair trial.

I.

The events of this case were triggered by an accusation made by Patrick Yazzie, Frederick Yazzie’s mentally retarded brother, during a visit to the Indian hospital in Chinle, Arizona on June 18, 1992. Patrick Yazzie told the treating doctor that Yazzie was sexually abusing the victim. The doctor notified the Navajo Tribal Social Services regarding the allegation and a social worker was sent out to the Yazzie family’s home. At that time, the victim denied any abuse.

As follow-up, another social worker took the victim in for a medical examination with Dr. Heather Wolfe. As part of the medical examination, Dr. Wolfe questioned the victim about the allegations of abuse. The victim again denied that Yazzie was abusing him. While Dr. Wolfe was interviewing the victim, she received a note…