Child’s statements to SAFE nurse were inadmissible, CSA holds
CHRISTINA DORAN
Daily Record Assistant Legal Affairs Editor
September 13, 2007 6:08 PM
http://www.mddailyrecord.com/article.cfm?id=2651&type=UTTM
A man convicted of sexually abusing his ex-girlfriend’s 6-year-old
daughter is entitled to a new trial, the Court of Special Appeals has held.
The judge at Frederick Roscoe Coates’ first trial erred in admitting
statements the girl made to a Sexual Assault Forensic Examination
(“SAFE”) nurse, more than a year after the alleged incidents, under the
hearsay exception for statements made “for purposes of medical diagnosis
or treatment.”
Absent a showing that the girl understood the purpose of the examination
was for medical treatment, the statements were not admissible under that
exception, the appeals court held.
“We were very pleased with the result, and thought it was the right
result,” said Anne K. Olesen, associate professor of clinical law at
George Washington University Law School, and counsel for Coates. “We
really believed this expert crossed the boundaries of expert testimony,
and this would have been an unprecedented application of the hearsay
exception involved.”
According to the reported opinion, Jazmyne T.’s mother was romantically
involved with Coates from 1999 until September 2002, and lived with him
for much of that time.
While Jazmyne was treated for yeast and urinary tract infections in
2002, the mother did not suspect any sexual abuse at the time.
About a year after the couple parted ways, though, Jazmyne began acting
oddly, and ultimately told her mother she had been abused by Coates.
(She later said she had also been abused by two other men, one of whom
had died by the time of Coates’ trial, and the other of whom could not
be found.)
The mother reported these allegations to Child Protective Services and,
three weeks later, in November 2003, took Jazmyne to Shady Grove
Adventist Hospital. There, she was interviewed by the SAFE nurse, who
was also a pediatric nurse practitioner. The nurse’s testimony was
admitted over Coates’ objection.
On appeal, the court found it significant that the testimony was given
14 months after the girl’s last contact with Coates. That considerable
lapse of time “raises concerns as to the circumstantial guarantee of
reliability that undergirds the exception,” Judge Ellen L. Hollander
wrote for the appellate court.
That fact, coupled with the lack of symptoms demonstrating an illness,
led the court to conclude the child did not understand that the
examination was being conducted for a medical purpose.
“We felt the court got it right in emphasizing the fact that the
incident that might have occurred had taken place at least 15 months
before,” said Olesen.
“There were no current medicals problems or an emergency situation that
would have led the girl to believe she was there for medical treatment
or diagnosis,” she added. “In fact, she made statements and said things
that suggested that she was there to help the police get this guy.”
The court also found that the testimony of the SAFE nurse corroborating
the girl’s testimony improperly lent credibility to the child’s
statements, thereby improperly prejudicing the appellant.
Additionally, questions posited by the nurse during the exam regarding
the identity of the perpetrator were also irrelevant, the court held,
since the child no longer had any contact with the appellant.
The intermediate court reversed the judgment of the lower court, and
remanded the case for a new trial. The state intends to appeal.
“We will be filing at petition for a writ of certiorari asking the Court
of Appeals to review the decision in this case,” said Kathryn Grill
Graeff, chief of the criminal appeals division of the Office of the
Attorney General.
CURRENTLY CHILD PROTECTIVE SERVICES VIOLATES MORE CIVIL RIGHTS ON A
DAILY BASIS THEN ALL OTHER AGENCIES COMBINED INCLUDING THE NSA / CIA
WIRETAPPING PROGRAM....
CPS Does not protect children...
It is sickening how many children are subject to abuse, neglect and even
killed at the hands of Child Protective Services.
every parent should read this .pdf from
connecticut dcf watch...
http://www.connecticutdcfwatch.com/8x11.pdf
http://www.connecticutdcfwatch.com
Number of Cases per 100,000 children in the US
These numbers come from The National Center on
Child Abuse and Neglect in Washington. (NCCAN)
Recent numbers have increased significantly for CPS
*Perpetrators of Maltreatment*
Physical Abuse CPS 160, Parents 59
Sexual Abuse CPS 112, Parents 13
Neglect CPS 410, Parents 241
Medical Neglect CPS 14 Parents 12
Fatalities CPS 6.4, Parents 1.5
Imagine that, 6.4 children die at the hands of the very agencies that
are supposed to protect them and only 1.5 at the hands of parents per
100,000 children. CPS perpetrates more abuse, neglect, and sexual abuse
and kills more children then parents in the United States. If the
citizens of this country hold CPS to the same standards that they hold
parents too. No judge should ever put another child in the hands of ANY
government agency because CPS nationwide is guilty of more harm and
death than any human being combined. CPS nationwide is guilty of more
human rights violations and deaths of children then the homes from which
they were removed. When are the judges going to wake up and see that
they are sending children to their death and a life of abuse when
children are removed from safe homes based on the mere opinion of a
bunch of social workers.
CHILD PROTECTIVE SERVICES, HAPPILY DESTROYING THOUSANDS OF INNOCENT
FAMILIES YEARLY NATIONWIDE AND COMING TO YOU'RE HOME SOON...
BE SURE TO FIND OUT WHERE YOUR CANDIDATES STANDS ON THE ISSUE OF
REFORMING OR ABOLISHING CHILD PROTECTIVE SERVICES ("MAKE YOUR CANDIDATES
TAKE A STAND ON THIS ISSUE.") THEN REMEMBER TO VOTE ACCORDINGLY IF THEY
ARE "FAMILY UNFRIENDLY" IN THE NEXT ELECTION...
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