A central factual dispute at argument concerned multiple instances of hearsay and whether the trial court and prosecutor improperly allowed or amplified that evidence. Defense counsel flagged repeated references to statements made to officers and a nurse, and said trial counsel attempted to introduce Exhibit 18, the case investigation report, after the court had sustained objections.
The bench asked whether portions of the nurse's testimony fit within the medical-hearsay exception and whether multiple witnesses repeating the complaining witness's statements simply showed she repeatedly told people the same story rather than independently corroborating the underlying events. The court and state counsel also discussed Sergeant Keziah's report, with the state conceding error in attempting to emphasize the report to the jury.