Working an appeal in a child sex case. Multiple victims and all testified. This was a Bench trial. The CAC videos of the children were admitted into evidence and defenses objection was to leading questions being asked during the interview. Objections were overruled and no other objection raised. On appeal - defense is claiming Crawford violation.

Is it waived because defense didn't raise it at trial? (Case tried post Crawford)

Does Crawford really matter when the children _did_ testify, thus an opportunity to cross-examine was given?

Confrontation is not a waivable-only right, so it has to be objected to at trial to preserve the error just like anything else. (See Deener v. State, 214 S.W.3d 522, for a discussion.)

And the right to confrontation is satisfied where the witness actually testifies at trial. So if your kids testified, you shouldn't have a Crawford problem.