BOZEMAN — The Montana Supreme Court says statements a woman made to a doctor while being treated for injuries suffered in a domestic assault case were admissible during the perpetrator’s trial.
Aaron Porter of Belgrade is serving a 15-year prison sentence for felony aggravated assault for the August 2014 attack.
He appealed, arguing his constitutional rights were violated when the emergency room doctor testified the woman reported being thrown against the wall by her domestic partner and strangled twice, causing her to think she was going to die. The victim did not testify and Porter argued he was not allowed to confront his accuser.
The Bozeman Daily Chronicle reports the Supreme Court ruled last week that the woman’s statements were made for the purposes of medical diagnosis or treatment and such statements are an exception to the hearsay rule.