1. Are hearsay statements made to a SANE nurse by a witness complaining of sexual assault, who is not available at trial because of death, testimonial in nature and therefore inadmissible under the Sixth Amendment in the absence of in court confrontation by the accused?

2. Are hearsay statements made the grandmother of the witness testimonial under the Sixth Amendment and admissible under the "excited utterance" exception to the hearsay rule when the startling event occurred up to a day prior to the statements?

Whether statements made to the SANE nurse are testimonial for Sixth Amendment purposes