U.S. v. Graham

In prosecution on conspiracy to commit sex trafficking and sex trafficking charges, Dist. Ct. did not err in denying defendant’s motion for mistrial after prosecution indicated during trial that it would not call witness in bodycam video played to jury, where witness stated in video that defendant was prostituting young woman. While defendant argued that denial of mistrial request was inappropriate because he was denied his right to confront said witness, no right to confrontation occurred, where witness’s statements in video were not testimonial in nature, where statements to police officer were made in connection to police responding to ongoing emergency involving fight in motel parking lot and sex trafficking that was occurring at motel. Moreover, any error in proceeding with trial was harmless, where government’s case against defendant was strong, and where witness’s statements were cumulative to defendant’s admission that he was prostituting several women and had no bearing on defendant’s defense that he did so without use of force or coercion.