This section contains the nature of the case and procedural background.

Stefano Siaenni attempted to reestablish a relationship with his four-year-old daughter. The child lived with her grandmother, Valerie Miller, who had been the child's guardian since she was an infant. Siaenni picked up the child from Miller's home for an overnight stay.D, Siaenni's girlfriend, also stayed with him that weekend. At the time, the child was not potty trained; Siaenni expressed concern about this and planned to potty train her during the overnight stay. That night, Siaenni placed the child on the toilet for about an hour in an attempt to have her use the bathroom. Around four o'clock the following day, Siaenni and D drove the child back to Miller's house, but Miller was not home. Siaenni then drove to the Wawa to 'figure things out, recuperate.' D took the child into the bathroom at Wawa for approximately thirty to forty minutes. A Wawa employee, Johan Holley, went to change the soap in the women's bathroom. He heard what he believed to be a woman disciplining a child. Holley testified that he believed the woman was spanking the child based on the sounds he heard. He stated that he also heard a woman's voice and a child crying. Holley testified that a second round of 'beatings' started soon after the first, with a woman yelling '[y]ou're not the boss, you're going to listen to me.'Holley informed a female manager that something was occurring in the women's bathroom and someone needed to go inside to check it out. The manager entered the bathroom and asked if everything was ok, to which D responded, 'Yes, everything is fine.' Shortly after the manager left, Holley testified that a third round of beatings occurred, with the woman claiming that she was going to leave the child behind. Siaenni remained outside with the car, talking to his father on the phone. Siaenni called D to see how long they would be, and D responded that they were about to come out. After another ten minutes, Siaenni went inside and knocked on the bathroom door. When D and the child exited the bathroom, Siaenni stated that they looked normal. D noticed that the child was scratching her lower area. The child claimed that Jamie put their finger up her vagina . . . and told her not to tell anybody. She was taken to the hospital and disclosed that D had hurt her. Dr. DeJong concluded that the child's injuries were not the result of an accident but were intentionally inflicted. P charged D with Second-Degree Assault for injuring the child, and a jury convicted D of the same. D appealed. D argues in part that the child was not a competent witness.

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