United States v. Bell

367 F.3d 452 (5th Cir. 2004)

Purchase the Printed Copy at bsmsphd.com

Nature of the Case

To access this section all you need to do is click here and register.

Facts

Ds were charged with two counts of aggravated sexual abuse. One of the victims, George Cotton, who was deaf and mute, testified through his sister, Pauline Cotton, as an interpreter. George communicated through sign language and grunts that only close family members understood. The court held a competency hearing to determine whether George would be able to testify and who should serve as interpreter. Ds objected to the use of Pauline. Also, Pauline’s interpretation had to be translated as she only understood Choctaw. A licensed court interpreter was used to translate Pauline’s rendition of George’s testimony. George testified they drank whiskey and also beer and Charles Cotton smoked marijuana. George Cotton testified he saw Charles Cotton hit Lee Jim and have sexual contact with Jim. George Cotton testified that Bell (D) had raped him that afternoon. George also testified that he was covered in blood. On cross-examination, when confronted with alleged inconsistencies and a misidentification made during an earlier competency hearing, George Cotton repeatedly identified Bell (D) as the man who raped him. Ds attacked Pauline Cotton's interpretation of George Cotton's testimony. Junior Cotton, a next-door neighbor familiar with George Cotton's method of communicating. testified that Pauline had not interpreted George's testimony accurately. Ds were convicted and appealed. Ds claimed in part that Pauline was biased and unqualified.