Marcel Ramo Jensen was charged by information with one count of sexual assault on a child. The childs mother and a social worker testified at the preliminary hearing, but the four year old child did not. At the conclusion of the preliminary hearing, the district court dismissed the charge, on the dual grounds that the prosecution did not introduce evidence by a perceiving witness and that section 13-25-129, 6A C.R.S. (1987), bars admission of hearsay of a child victim at a preliminary hearing when the child is available as a witness.
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