Legislature(2005 - 2006)BUTROVICH 205
03/31/2005 08:30 AM Senate JUDICIARY
| Audio | Topic |
|---|---|
| Start | |
| SB54 | |
| HB124 | |
| SB117 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| + | HB 124 | TELECONFERENCED | |
| + | SB 20 | TELECONFERENCED | |
| + | SB 54 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
| = | SB 117 | ||
SB 117-RECORDED STATEMENTS OF CHILD VICTIMS
9:26:30 AM
CHAIR RALPH SEEKINS announced SB 117 to be up for consideration.
SENATOR HOLLIS FRENCH moved Version \F to be the working
document for the committee. Hearing no objections, the motion
carried.
9:26:58 AM
SENATOR FRENCH introduced SB 117. Young victims of crime do not
get a fair shake in Alaska courtrooms. SB 117 would make
recorded statements of victims under 16 admissible in Alaska
courts if the statements were conducted under certain conditions
and if the victim is present during the proceedings and
available for testimony. Forensic interviews are conducted at
safe, child friendly environments. Interviewers are specially
trained to work with children. Professionals and advocates work
together with the safety of the children as a top priority.
Recorded statements are more useful than court testimony because
children are intimidated by formal questioning in unfamiliar
surroundings.
9:28:54 AM
Advocacy centers allow children to slowly tell their story
without pressure in a nurturing and non-threatening setting.
9:31:02 AM
SENATOR FRENCH added SB 117 allows the jury to see the entire
story while preserving the cross examining rights of the
accused.
9:32:24 AM
SENATOR GENE THERRIAULT asked Senator French to affirm current
law considers a taped statement to be hearsay.
SENATOR FRENCH confirmed. The law prefers to have live testimony
on the stand.
9:33:01 AM
SENATOR THERRIAULT commented Child Advocacy Centers are not
available across the state.
SENATOR FRENCH agreed.
9:35:23 AM
SENATOR GRETCHEN GUESS asked whether the child must be present
during the entire court proceeding.
SENATOR FRENCH answered the crucial aspect is for cross-
examination purposes.
MS. CARPENETI interjected a child would not have to be present
for the entire trial.
9:37:25 AM
SENATOR THERRIAULT asked Ms. Carpeneti whether courts allow
closed circuit television (CCTV) to be used.
MS. CARPENETI responded yes, it is live and the witness is
present in the next room, so the testimony is allowed.
CHAIR SEEKINS commented "available to testify" is an all-
inclusive term.
MS. CARPENETI agreed.
SENATOR THERRIAULT asked whether the child could be forced to
endure a second interview.
9:39:01 AM
MS. CARPENETI said the intent of SB 117 is simply to have the
child available to testify.
CHAIR SEEKINS believed the recording would be the direct
testimony of the child. The child's presence would be necessary
in order to expand on the taped testimony.
SENATOR THERRIAULT expressed the need for the committee to
clarify that intent.
MS. CARPENETI asserted SB 117 was written clearly as is.
9:41:51 AM
SENATOR THERRIAULT said he was concerned that a defense attorney
could force a child on the stand to restate the statement.
MS. CARPENETI countered you have to allow that to happen.
SENATOR THERRIAULT agreed but asked whether the allegation has
to be made on the stand.
SENATOR FRENCH iterated that is not the intent of SB 117.
CHAIR SEEKINS said the testimony would be in the recorded
statement. He didn't believe the child would be forced to
restate the allegation but would be forced to answer questions.
SENATOR FRENCH said the cross examination would lead the child
back through every relevant sentence of the recorded statement.
9:43:04 AM
CHAIR SEEKINS agreed with Senator Therriault the state wouldn't
want to force a child to have to reiterate the allegations
already on the tape.
SENATOR THERRIAULT said the defense attorney would be looking
for inconsistency.
9:44:26 AM
SENATOR THERRIAULT proposed Amendment 1: Page 1, line 12 be
reworded to say, "the victim is present at the proceeding and
available for cross examination." Hearing no objection, the
motion carried.
9:46:07 AM
SENATOR GUESS proposed Amendment 2: Page 1, line 12 strike the
words "present at the proceeding." Hearing no objection, the
motion carried.
9:55:06 AM
SENATOR FRENCH proposed Amendment 3: Page 2, line 9 after the
word "has" add the words "had an opportunity to..." Hearing no
objection, the motion carried.
9:56:54 AM
SERGEANT DAVE PARKER, Anchorage Police Department, testified in
support of SB 117. Children face long delays getting to court
and their memories fade. It is frustrating for a detective to
see a children's testimony nullified or disrupted. SB 117 would
allow the videotaped interview to speak for the child.
9:59:57 AM
SENATOR FRENCH asked Sgt. Parker to describe his training.
SERGEANT PARKER said he is a certified trainer for child
forensic interviewing. It is a three-day course designed to
train investigators to keep from leading or introducing ideas to
the child, which might taint testimony. The training interviews
are watched simultaneously by a psychologist or social worker
who then gives feedback.
10:01:46 AM
Training also deals with vocabulary and how to approach
children.
10:02:12 AM
SENATOR FRENCH asked Sgt. Parker to describe the use of dolls
during the interview.
SERGEANT PARKER explained there are a variety of options
available to use during the interviews. A child's vocabulary is
sometimes very limited. Interviewers are trained to study body
language and other means expression. A lot of the child's
communication ability is non-verbal. Video captures this body
language, as a written transcript would not. Anatomically
correct dolls are used when children lack the vocabulary.
10:04:08 AM
A jury cannot get a clear picture of what happened unless they
are allowed to see how the child responds to the forensic
interview. SB 117 gives the weakest members of society their
opportunity to explain what happened.
10:05:33 AM
SENATOR FRENCH asked Sgt. Parker the number of child advocacy
centers in Alaska.
SERGEANT PARKER responded they operate in Anchorage, Mat-Su, and
Fairbanks.
10:07:33 AM
CHAIR SEEKINS asked whether it is normal for a male officer to
question a female child.
SERGEANT PARKER advised yes. They have found that children tend
to open up to adults both male and female. Generally they
determine ahead of time who is best suited to perform the
interview.
10:11:32 AM
DETECTIVE KEVIN VANDEGRIFF, Anchorage Police Department,
testified in support of SB 117. Ninety percent of investigations
involve sexual abuse of a minor. One critical aspect is the
forensic interview. They are trained to ask open-ended question
designed to gather information from child. Training is done so
interviews stand judicial scrutiny. Children do not verbalize
like adults and are often unable to describe what has occurred
verbally but they share by demonstration what has occurred.
10:14:16 AM
DETECTIVE VANDEGRIFF explained often a jury does not get to see
or hear what has happened to the child. They see the child on
the stand unable to verbalize what happened.
10:15:49 AM
Forty other states have legislation authorizing forensic
interviewing to be permissible in court proceedings.
10:17:10 AM
AMY KOBALINSKI, family care coordinator, Alaska Care, testified
in support of SB 117. Children are prone to use body language to
demonstrate what happened to them rather than verbalize.
10:19:20 AM
CHAIR SEEKINS held SB 117 in committee.
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