You be the Judge

In the following cases, determine whether the evidence offered is admissible, and if it is, under which exception.

Elton is on trial for assaulting his wife. While Elton was assaulting his wife, the wife made a 911 call. In the call, she reported that her husband was beating her up. The wife was hospitalized and cannot come to court to testify. The prosecution calls the 911 operator to testify about the wife's statement in the 911 call. The court rules that the operator's testimony about the wife's statement, though hearsay, is admissible under the exception of present sense impression. Elton raises a constitutional challenge. He claims that to allow the operator to testify would violate his right of confrontation as guaranteed by the Sixth Amendment to the U.S. Constitution. He argues that his wife is the one who accuses him of committing a crime and she must be in court to be confronted. Is the operator's testimony in violation of the Confrontation Clause? How do you rule?

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