Does Defendant have to forfeit his argument if he loses his argument on appeal against the admission of a videotaped statement of a witness in a criminal case?

Had he not forfeited his argument, defendant's argument would not prevail on appeal. Defendant argues the admission of this evidence violates Crawford v. Washington (2004) 541 U.S. 36. The question presented in Crawford was whether the procedure of playing a tape recorded statement of a witness to a stabbing complied with the Sixth Amendments guarantee that, "`[i]n all criminal prosecutions, the accused shall enjoy the right . . . to be confronted with the witnesses against him.'" (Id. at p. 42.) The court ruled the Sixth Amendment applied to testimonial statements. (Id. at pp. 68-69.)