People v. Kennebrew

Defendant was convicted of sex crimes as to his live-in girlfriend's daughter, age nine at time of trial. A witness's inability at trial to remember or recall events does not automatically render witness unavailable under confrontation clause. Confrontation clause generally guarantees not that cross-examination is effective as defense might wish, only that defense has opportunity for cross-examination. If a declarant is physically present at trial and willing to answer questions, confrontation clause does not preclude or restrict use of hearsay evidence. (HUTCHINSON, concurring; SCHOSTOK, specially concurring.)