Roanoke Times
Copyright (c) 1995, Landmark Communications, Inc.
DATE: THURSDAY, January 16, 1992 TAG: 9201160257
SECTION: NATIONAL/INTERNATIONAL PAGE: A-6 EDITION: METRO
SOURCE: Associated Press
DATELINE: WASHINGTON LENGTH: Medium
CHILDREN SAVED FROM TESTIFYING
The Supreme Court made it easier Wednesday to use hearsay evidence to shield children from testifying against those accused of abusing them.Voting 9-0 in a case from Illinois, the justices ruled that juries may hear some out-of-court statements made by the alleged victims, even when the children are available to testify.
Statements made spontaneously after an alleged attack or those made to a doctor or nurse may be admitted, Chief Justice William Rehnquist said for the court.
The decision gives judges more leeway to protect children from having to testify, and limits the right of alleged child abusers to question their accusers in court.
The court ruled against Randall D. White, sentenced to 10 years in prison for entering a Georgetown, Ill., home in 1988 and sexually molesting a 4-year-old girl identified as S.G.
White said his rights were violated because he was convicted based on hearsay testimony, without the child ever taking the stand.
Five witnesses - the child's mother, baby sitter, a police officer, nurse and doctor - said S.G. told them she was assaulted.
Lower courts ruled that S.G.'s statements to the baby sitter, mother and officer were spontaneous declarations made soon after the attack and that the statements the girl made to the doctor and nurse later also were admissible because they were given while she was receiving medical treatment.
Rehnquist said most states permit hearsay testimony about spontaneous declarations and statements made while receiving medical care because such comments are usually trustworthy.
"A statement that has been offered in a moment of excitement . . . may justifiably carry more weight with [a judge or jury] than a similar statement offered in the relative calm of the courtroom," Rehnquist said.
The court stopped short of adopting a recommendation from the Justice Department that would permit broader use of hearsay evidence in criminal cases.