RILEY, J.
Beldon argues that the trial court abused its discretion when it permitted the State to present Dr. Bache’s videotaped deposition in lieu of live testimony. Specifically, Beldon argues that Dr. Bache’s deposition was hearsay, and thus, its admission violated his fundamental rights to confront witnesses under both the Sixth Amendment to the United States Constitution and Article 1, Section 13 of the Indiana Constitution.
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[T]he Confrontation Clause of the Sixth Amendment to the United States Constitution provides that, “[i]n all criminal prosecutions, the accused shall enjoy a right . . . to be confronted with the witnesses against him.” This right applies to both federal and state prosecutions. Crawford v. Washington, 541 U.S. 36, 42, 124 S. Ct. 1354, 1359, 158 L. Ed. 2d 177 (2004). The Confrontation Clause requires that testimonial statements of witnesses absent from a criminal trial shall only be admitted where the declarant is unavailable and the defendant has had a prior opportunity to cross-examine the witness. Id. at 54-55, 1365. A witness is unavailable for purposes of the Confrontation Clause requirement if the State has made a good faith effort to obtain the witness’s presence at trial. Tiller v. State, 896 N.E.2d 537, 543 (Ind. Ct. App. 2008), (citing Garner, 777 N.E.2d at 724) reh’g denied. The State is correct when it notes that Trial Rule 32 permits use of an absent witness’ deposition testimony if the court finds that “upon application and notice, such that exceptional circumstances exist to make it desirable, in the interest of justice and with due regard to the importance of presenting the testimony of witnesses orally in open court, to allow the deposition to be used.” T. R. 32(A)(3)(e). However, our supreme court has noted that Trial Rule 32 is not applicable to claims involving a violation of the defendant’s Sixth Amendment right of confrontation. Garner, 777 N.E.2d at 724. As such, Trial Rule 32 plays no part in our analysis of the instant case. The issue here is not whether “exceptional circumstances” existed so as to justify admitting Dr. Bache’s deposition into evidence at trial, but rather, the issue is whether the State made a good faith effort to obtain Dr. Bache’s attendance at trial. “Even if there is only a remote possibility that an affirmative measure might produce the witness at trial, the good faith obligation may demand effectuation. Reasonableness is the test that limits the extent of alternatives the State must exhaust.” Id. at 725 (citing Gillie v. State, 512 N.E.2d 145, 150 (Ind. 1987)).
The record does not reflect that the State made a good faith effort to obtain Dr. Bache’s attendance at trial. Granted, after Dr. Bache filed an affidavit stating that she would not be available to testify on the day of trial because of her work schedule, the State took steps to preserve her testimony through a videotaped deposition. However, a busy work schedule is not sufficient to circumvent the constitutional right to confrontation. The State could have asked Dr. Bache to rearrange her work schedule, or ask another doctor to manage her patient responsibilities for the short duration of the trial. Likewise, the record indicates that the State failed to make any effort to attempt to secure Dr. Bache’s attendance at trial by subpoena. Here, such alternatives presented more than a “remote possibility” that Dr. Bache could have testified in person. As such, we conclude that the State did not make a good faith effort to obtain Dr. Bache’s attendance at trial. Furthermore, the trial court’s determination that Dr. Bache was unavailable to testify was clearly against the logic and effect of the facts and circumstances before the court. For these reasons, we conclude that the trial court erred when it determined that Dr. Bache was unavailable to testify and that it abused its discretion when it admitted Dr. Bache’s videotaped deposition in lieu of live testimony.
DARDEN, J., and VAIDIK, J., concur.