In March 2010, Darius Clark sent his girlfriend T.T. hundreds of miles away to Washington, D.C., to engage in prostitution while he cared for her two young children in Cleveland, Ohio: three-year-old L.P. and eighteen-month-old A.T.
The next day Clark took L.P. to preschool. Teacher Ramona Whitley noticed that L.P.'s left eye appeared bloodshot. When they moved into the brighter lights of a classroom, Whitley noticed red marks like whips of some sort on L.P.'s face. After Whitley and lead teacher Debra Jones questioned him, L.P. identified his abuser as Dee and indicated that Dee was big. Jones's supervisor lifted L.P.'s shirt and found additional injuries; Whitley then called a child-abuse hotline.
When Clark arrived at the school he denied responsibility and left with L.P. The following day a social worker located the children at Clark's mother's house and took them to a hospital, where a physician documented extensive injuries on both children, including black eyes, belt marks, bruises, a swollen hand, a large burn, and two pigtails ripped out at the roots.
A grand jury indicted Clark on five counts of felonious assault, two counts of endangering children, and two counts of domestic violence. At trial the State introduced L.P.'s statements to his teachers, but L.P. did not testify because the trial court found him incompetent under Ohio Rule of Evidence 601(A). The court admitted the statements under Ohio Rule of Evidence 807 after finding sufficient guarantees of trustworthiness and denied Clark's motion to exclude them on Confrontation Clause grounds. The jury convicted Clark on all counts except one assault count related to A.T. and sentenced him to twenty-eight years' imprisonment.
A state appellate court reversed the conviction on Confrontation Clause grounds. In a four-to-three decision the Supreme Court of Ohio affirmed, holding the statements testimonial. The United States Supreme Court granted certiorari.