Leavitt v. Arave, 383 F.3d 809 (9th Cir. 2004), involved the brutal mutilation and murder of Danette Elg. The night before her murder, Elg phoned 911 when she heard someone attempting to break into her house. The police responded and found signs of attempted entry. Elg suspected that Leavitt was the perpetrator. She was killed the following night, and Leavitt was charged with her murder. Leavitt argued that use at trial of the 911 recording violated his rights under the Confrontation Clause. Among other things, Elg had told the 911 dispatcher "she thought the prowler was Leavitt, because he had tried to talk himself into her home earlier that day, but she had refused him entry." Id. at 830. After noting that Crawford left open a precise definition of testimonial, the Leavitt court concluded: "Although the question is close, we do not believe that Elg's statements are of the kind with which Crawford was concerned, namely, testimonial statements." Id. at 830 n.22. The court explicated: Elg, not the police, initiated their interaction. She was in no way being interrogated by them but instead sought their help in ending a frightening intrusion into her home. Thus, we do not believe that the admission of her hearsay statements against Leavitt implicate "the principal evil at which the Confrontation Clause was directed . . . ." Id.