The courts have established a distinction between “testimonial” and “non-testimonial” statements determining whether an objective person would be aware or expect to use those statements later in a trial to be considered “testimonial” (Cotchett, 2022). To determine statement’s admissibility as evidence at trial the Court’s rationale in Davis v. Washington holds that statements are considered “testimonial” when they are made with the primary purpose of creating an out-of-court substitute for trial testimony (2006). The key consideration is whether the statement is made with the expectation that it will be used in a criminal prosecution.

In this case, the woman’s text messages, and photograph were sent to her friend with the intention of seeking assistance and documenting the assault by her ex-husband. This would likely be considered testimonial in nature. The exchange of messages about the identity of the assailant and the woman’s location can be seen as a substitute for trial testimony, aimed at providing evidence for a potential criminal prosecution. If the statements are deemed testimonial, the admission of such evidence at trial would require compliance with the Confrontation Clause, which guarantees the right of the accused to confront and cross-examine witnesses against them. Since the woman is unable to appear at trial, the defendant may argue that his right to confront the witness is violated under the Confrontation Clause of the Sixth Amendment, which stated that “in all criminal prosecutions, the accused shall enjoy the right to be confronted by the witnesses against him” (United States v. Bench, n.d).

After reading Deuteronomy 19:15, my opinion on this case would not change. In a way, I consider the helping friend, the text messages, and the photographs to be extra witnesses to this case. Messages and photographs can leave a technological footprint, such as timestamps that are not modifiable, which can provide very valuable evidence on a case. The friend can also provide testimony in court, being truthful about the events like the Bible mandates on 2 Timothy 2:15 stating “Do your best to present yourself to God as one approved, a worker who does not need to be ashamed and who correctly handles the word of truth” (NIV, 2011). In conclusion, there would be more than one witness to this offense.