Motion to exclude alleged hearsay; Statements about the identity of the alleged assailant; Hearsay exception for statements made for medical treatment or diagnosis (MRE 803(4)); People v Meeboer (After Remand); People v LaLone; Applicability to nonsexual assault cases; Distinguishing People v Jones; MRE 807 (residual exception)

Holding that the trial court abused its discretion in denying defendant’s motion to suppress hearsay statements without first conducting “an evidentiary hearing sufficient to apply the required Meeboer factors[,]” the court vacated the trial court’s order and remanded. Defendant was charged for allegedly pushing his girlfriend (WP) down a flight of stairs. At issue was “what the paramedic and ER doctor who treated WP can testify to regarding what WP told them, and, more specifically, whether the identity of her alleged assailant is admissible under MRE 803(4).” The court determined that the available record was “insufficient to support either the trial court’s reasoning or the prosecution’s arguments.” It noted that “Meeboer has not been extended to nonsexual assault cases involving adults, as the prosecution” sought to do here. And while the prosecution relied on Jones, a child abuse case without sexual assault allegations, the court found that case distinguishable. In contrast to Jones, here there was “no available testimony from the paramedic or ER doctor regarding what they might actually testify to, and so the trial court’s analysis of trustworthiness and reasonable necessity to medical diagnosis and treatment did not satisfy the Meeboer factors.” The court also noted that “the connection between the identity of WP’s assailant (either directly or indirectly) and the paramedic and ER doctor’s diagnosis and treatment may not be the same as in a sexual abuse case, which was the basis for admitting the evidence in Meeboer[.]” In addition, the court concluded that, based on the available record, the prosecution failed to establish that the doctor and paramedic’s expected testimony was admissible under MRE 807.