Court rejects testimony by deposition at trial

The Iowa Supreme Court has ruled prosecutors cannot use a victim?s deposition as testimony at trial, saying it would violate the defendant?s right to confront his accuser.

The court also ruled Friday the deposition would have been hearsay if admitted at trial.

Daniel Rainsong was charged in Story County with theft and dependent adult abuse. Prosecutors say he stole $15,000 each from his mother, who died in 2009, and her husband, Loren Radford.

Radford could not testify in person at trial because of deteriorating health.

The court ordered the case returned to district court for further proceedings.

Assistant Iowa Attorney General Kevin Cmelik says the ruling only addresses a narrow procedural rule and larger constitutional questions still need to be addressed. A telephone message for Rainsong?s attorney was not returned.