United States v. Rouse

111 F.3d 561 (8th Cir. 1997)

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Nature of the Case

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Facts

Prior to trial the government filed a motion to permit all the child witnesses in the case to testify by closed-circuit TV. At the hearing, their therapist testified that the victims were afraid of Ds and that they believed if they walked into the courtroom, their uncles would attack them. The court denied the motion without prejudice in that there was not a sufficient showing that the children could not testify due to their fears. Three of the victims were called and appeared unable to testify in open court. The court questioned each child in chambers in the presence of defense counsel, one prosecutor, the child’s guardian ad litem, and a court reporter. The court found that the three could not testify in front of her uncles. The children were aged 5, 6, and 9. The six-year-old was found sobbing outside the courtroom, and the nine-year-old was so fearful that the guardian ad litem had to literally drag her into the courtroom. These three were permitted to testify by closed circuit. Two other witnesses testified in open court. D appealed on the Sixth Amendment.