介绍： At trial, A.T. was six and a half years old and testified by short answers to leading questions. During cross-examination, the defense suggested that A.T. had fabricated the allegations against Tome because she wanted to go live with her mother. To rebut the charge of fabrication, the prosecution called six w...

介绍： At trial, A.T. was six and a half years old and testified by short answers to leading questions. During cross-examination, the defense suggested that A.T. had fabricated the allegations against Tome because she wanted to go live with her mother. To rebut the charge of fabrication, the prosecution called six witnesses (a babysitter, A.T.'s mother, a social worker, and three pediatricians) that all testified to statements about the abuse that A.T. had made to them. The trial court admitted the statements under FRE 801, which reads:
(d) A statement is not hearsay if -

(1) The declarant testifies at the trial or hearing and is subject to cross-examination concerning the statement, and the statement is

(B) consistent with the declarant's testimony and is offered to rebut an express or implied charge against the declarant of recent fabrication or improper influence or motive . . .[3]

The Tenth Circuit affirmed Tome's conviction, and the Supreme Court granted certiorari.