The term testimonial evidence means testimony or statements of witnesses given under oath as to what said witness observed.
For purposes of a criminal defendant’s Confrontation Clause rights under the Sixth Amendment, “testimonial evidence includes at a minimum that which is given at preliminary examination, at a grand jury, former trial, and police interrogations. It does not include a casual remark to an acquaintance, business records, or statements made in furtherance of a conspiracy.” Whittaker v. Lafler, 639 F. Supp. 2d 818, 826.