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Ed. Note: Opinion Rendered April 11, 2000

SUPREME COURT OF LOUISIANA
No. 99-K-1283 STATE OF LOUISIANA VERSUS BENJY WELCH ON WRIT OF CERTIORARI TO THE COURT OF APPEAL, FIRST CIRCUIT, PARISH OF ASCENSION VICTORY, J.* We granted a writ in this case to determine whether the defendant was denied his constitutional right to confront a witness that was testifying against him. After reviewing the record and the applicable law, we hold that the procedure employed by the trial court deprived the defendant of his right to confrontation, and that this error was not harmless. Therefore, we reverse the conviction of the defendant and remand this case to the trial court for a new trial. FACTS AND PROCEDURAL HISTORY After a bench trial, defendant was convicted of molestation of a juvenile over whom he had control or supervision, in violation of La. R.S. 14:81.2, and the defendant was sentenced to ten years of imprisonment at hard labor. At the time of trial, the alleged victim was nine years old. She and her mother had been living with the defendant since she was about one and one-half years of age. Although the defendant was not the victim's father, she considered him as such. In late 1996 or early 1997, the victim told one of her young friends that the defendant was "fooling with her." The victim told her friend not to tell anyone

*

Marcus, J., not on panel. Rule IV, Part 2,

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Louisiana Law