Rosales-Martinez v. Ludwick

Rosales-Martinez was charged with sexual abuse in the second degree for inappropriately touching his step-daughter, A.C. Before trial, the state sought a protective order for A.C.’s deposition, requiring that Rosales-Martinez be separated from her by a one-way mirror and that she not be told he is on the other side. Rosales-Martinez consented to the mirror but requested A.C. be told he was present and could hear her. After hearing testimony from the child’s therapist and her foster mother, the court denied Rosales-Martinez’s request, finding that A.C. would suffer serious trauma caused by testifying in the physical presence of the defendant and that it would impair A.C.’s ability to communicate. Before trial, the state sought a protective order for A.C.’s testimony. Rosales-Martinez agreed to A.C. testifying by closed-circuit television, but again requested she be told he was present and could hear her. Relying on the previous findings, the judge denied Rosales-Martinez’s request. The jury deadlocked. Before retrial, A.C.’s guardian ad litem told the court that the previous procedure was still necessary based on conversations with A.C. The court reiterated its previous findings. Rosales-Martinez was convicted. Iowa courts affirmed and denied post-conviction relief. The Eighth Circuit affirmed the dismissal of a federal habeas petition. After a proper finding of necessity, a child witness may testify by use of a special procedure if under oath, subject to full cross-examination, and “observed by” the judge, jury, and defendant. View "Rosales-Martinez v. Ludwick" on Justia Law