Children's Memory and the Law, 40 U. When Aaron denied having said this, Bay stated, "Well, your mom said that the other day you told her that Martha killed a little girl. Moreover, in Stincer, no part of the competency hearing was introduced at trial. When looking at Susan's sworn testimony, we find it more incredible than credible. The State videotaped this hearing with the intention of showing the videotape at trial, relying upon statutes enacted in to facilitate the prosecution of CSA cases: Annabelle Whiting Hall, Reno, for amicus curiae.
The primary evidence presented by the prosecution consisted of: In the second interview, Bay said that Patricia told her, "Martha hurt me" and pointed to her vagina. At the hearing, the court granted the State's motion to exclude the appellants from the courtroom in order to protect the child witnesses who testified. And we'd talk about it a little bit. Although courts must evaluate a child's competency on a case-by-case basis, some relevant factors to be considered include: She also recounted statements similar to Susan's statements on direct examination. Despite the district court's earlier ruling that Noray Ann's hearsay statements would be inadmissible because she was an incompetent witness, the prosecutor at trial specifically elicited her hearsay statements from Bishop. By determining that errors were made by the justice of the peace and the district court judge, some may infer that we are critical of these judicial officers. She had a specific recollection of a calf being killed by Paco and Martha by slitting its throat and the blood from it drained into a big container. Patricia's accusatory statements were made more than a year after the alleged incidents and only after substantial prodding and suggestive questioning. Bay attributes this conduct to Patricia being informed she had to testify. The Craig court held that shielding child witnesses from CSA defendants is constitutional, but only if the trial judge makes three case-specific findings. Bishop also stated that several times Aaron told him that nothing had happened or that he could not remember any sexually related incident. She said she challenged the more incredible stories only "occasionally" and "mildly" by asking "Really? However, Bay admitted that all of Patricia's incriminating statements were given in response to leading questions. And I'd say, "Well, let's pretend that you're going to testify for a minute and you're going to walk in the courtroom. The investigation eventually involved allegations that as many as nineteen children had been assaulted. Patricia made her accusatory statements to psychologist Bay during two of the ninety-eight interviews she had with Bay and after being subjected to substantial leading questions. Part of Patricia's psychological problems may well stem from the extraordinary number of interviews she underwent. Her mother never noticed any blood on her pants. Nor are her statements that people and animals were killed at Felix's and that she was forced to eat dog feces and drink dog urine and gasoline. Basing a finding of unavailability due to prospective trauma on Bay's testimony is also problematic. The assumption that children can be moved into believing that they have experienced a complex and traumatic set of circumstances because of leading questions or repeated interviews or the suggestions from important people, that's not well established in any empiric data or data. Subsequent to trial, a number of cases were decided by the United States Supreme Court determining the limits which can be placed on a defendant's United States Constitutional right to confront the witnesses against him Coy v. Although no particular academic degree is required, a Ph. They both asserted that testifying would unduly traumatize Patricia. The Court stated that federal constitutional law does not require that the judge personally examine the witness for potential trauma in the presence of the defendant, or consider less restrictive alternatives such as one-way television, but that such proceedings would be helpful.
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