United States v. Garcia

7 F.3d 885 (9th Cir. 1993)

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Nature of the Case

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Facts

D was indicted on four counts of aggravated sexual abuse of a child in violation. D is mildly retarded and at the time of the incidents lived with his mother, Iris Garcia, on a Navajo reservation. Jane Doe is the defendant's niece. P motioned for the use of two-way closed circuit television to allow Jane to testify. The district court questioned Jane in chambers. Jane expressed fear of D, although she gave contradictory answers regarding whether she could testify at trial in front of him. Several family members testified at the hearings that Jane was shy and would be afraid to talk in front of D. There was also some testimony suggesting that family members had pressured Jane not to testify. Delphine Clashin, a children's mental health specialist who had counseled Jane, testified that Jane was very shy and that she was frightened and ashamed when talking about the abuse. Clashin testified that in her expert opinion, Jane would be emotionally traumatized by D's appearance in the courtroom. Dr. Herschel Rozensweig had not met Jane, and he testified in response to hypothetical questions concerning a child in Jane's situation. Dr. Rozensweig testified that a shy, Native American, eleven-year-old female would be very hesitant to talk about the abuse. The judge talked to Jane and issued the order for the closed circuit testimony. D was convicted and appealed. In part, D claimed that the law allowing closed circuit testimony was unconstitutional.