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Court upholds decision to use dead victim's testimony

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Posted at 11:07 AM, Sep 15, 2016
and last updated 2016-09-15 13:07:20-04

BOULDER, Colo. (AP) -- A Colorado Court of Appeals has ruled that a Boulder judge was right to allow a video deposition of a deceased fraud victim to be played at court.

The Daily Camera reports that the 57-year-old Michelle Hebert was convicted in 2013 of theft from an at-risk adult in part based on the video testimony of Howard Krasnoff. Because Krasnoff was in poor health at the time of the case, prosecutors asked the judge to allow them to depose him by video from his home.

The request was granted and Krasnoff was cross-examined under oath. Krasnoff died before trial and the video was allowed to be played at trial.

Hebert argued allowing the video to be played took away her right to confront her accuser.

Prosecutors say the appeals court's ruling is precedent-setting.

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