Can a testimonial statement by a witness who cannot be cross-examined be used at trial?

"The Sixth Amendment's Confrontation Clause provides that, '[i]n all criminal prosecutions, the accused shall enjoy the right... to be confronted with the witnesses against him.'" (Crawford v. Washington (2004) 541 U.S. 36, 42.) Out-of-court testimonial statements by a witness who cannot be cross-examined cannot be used at trial to establish the truth of an asserted matter. (Id. at p. 59.) "'Testimony'... is typically '[a] solemn declaration or affirmation made for the purpose of establishing or proving some fact.' [Citation.]" (Id. at p. 51.) A testimonial statement is one the declarant "'would reasonably expect to be used prosecutorially, '" or a statement "made under

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