People ex rel. R.A.S
In People ex rel. R.A.S., 111 P.3d 487, 2004 WL 1351383 (Colo. Ct. App. 2004), the defendant, a juvenile, allegedly "touched the genitals of a four-year-old boy (the victim) and persuaded the victim to perform oral sex upon him."
The victim did not testify. Instead, a police investigator, who conducted a videotaped forensic interview of the victim, testified. The videotaped interview was introduced as well.
The court noted that "the statement was taken by an investigating officer in a question and answer format appropriate to a child."
The court then announced its holding: "The statement was 'testimonial' within even the narrowest formulation of the Court's definition of that term. We thus conclude that the statement was not admissible at trial." Id. .