It's unconstitutional for children to testify against their alleged abusers without having to confront them in-person in court, the Iowa Supreme Court ruled on Friday.
The 4-3 ruling came Friday in the case State of Iowa vs. Derek Michael White, who claimed the court should not have allowed two child witnesses to testify against him via video. White, of Melvin, was sentenced in March 2022 to up to 15 years in jail on three felony convictions — two counts of child endangerment and one count of neglect or abandonment of a dependent person, the KICD radio station reported.
Two child witnesses testified against White in the Osceola County case in northwest Iowa. White stayed in the courtroom while the children testified from the judge's chambers via a "one-way," closed circuit television system. White could see the witnesses but the children could not see White.
Justice David May wrote in the majority opinion for the case State of Iowa vs. Derek Michael White, "When the accused and the witness are prevented from seeing each other, there is no face-to-face confrontation, and the Iowa Constitution is not satisfied."
"Two-way visibility — the ability to see each other — is inseparable from the idea of a face-to-face confrontation," May wrote.
In the dissent, Chief Justice Susan Christensen Christensen criticized the majority's ruling as too strict of a reading of the Iowa Constitution. She argued the Constitution could not account for the technology or even the type of case when written in 1857.
CRIME & COURTS
Phillip Sitter
Des Moines Register
It's unconstitutional for children to testify against their alleged abusers without having to confront them in-person in court, the Iowa Supreme Court ruled on Friday.
The 4-3 ruling came Friday in the case State of Iowa vs. Derek Michael White, who claimed the court should not have allowed two child witnesses to testify against him via video. White, of Melvin, was sentenced in March 2022 to up to 15 years in jail on three felony convictions — two counts of child endangerment and one count of neglect or abandonment of a dependent person, the KICD radio station reported.
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Two child witnesses testified against White in the Osceola County case in northwest Iowa. White stayed in the courtroom while the children testified from the judge's chambers via a "one-way," closed circuit television system. White could see the witnesses but the children could not see White.
Justice David May wrote in the majority opinion for the case State of Iowa vs. Derek Michael White, "When the accused and the witness are prevented from seeing each other, there is no face-to-face confrontation, and the Iowa Constitution is not satisfied."
"Two-way visibility — the ability to see each other — is inseparable from the idea of a face-to-face confrontation," May wrote.
In the dissent, Chief Justice Susan Christensen Christensen criticized the majority's ruling as too strict of a reading of the Iowa Constitution. She argued the Constitution could not account for the technology or even the type of case when written in 1857.
"White was able to confront the two boys to a meaningful degree. He watched them as they testified, and they knew he was watching. White’s attorney was in the room with the boys and cross-examined them," Christensen wrote.
"I see no practical difference in allowing child witnesses to testify where the defendant can see them, but the children cannot see the defendant," Christensen added.
The 4-3 ruling came Friday in the case State of Iowa vs. Derek Michael White, who claimed the court should not have allowed two child witnesses to testify against him via video. White, of Melvin, was sentenced in March 2022 to up to 15 years in jail on three felony convictions — two counts of child endangerment and one count of neglect or abandonment of a dependent person, the KICD radio station reported.
Two child witnesses testified against White in the Osceola County case in northwest Iowa. White stayed in the courtroom while the children testified from the judge's chambers via a "one-way," closed circuit television system. White could see the witnesses but the children could not see White.
Justice David May wrote in the majority opinion for the case State of Iowa vs. Derek Michael White, "When the accused and the witness are prevented from seeing each other, there is no face-to-face confrontation, and the Iowa Constitution is not satisfied."
"Two-way visibility — the ability to see each other — is inseparable from the idea of a face-to-face confrontation," May wrote.
In the dissent, Chief Justice Susan Christensen Christensen criticized the majority's ruling as too strict of a reading of the Iowa Constitution. She argued the Constitution could not account for the technology or even the type of case when written in 1857.
CRIME & COURTS
Iowa Supreme Court rules children must testify against alleged abusers in-person
Phillip SitterDes Moines Register
It's unconstitutional for children to testify against their alleged abusers without having to confront them in-person in court, the Iowa Supreme Court ruled on Friday.
The 4-3 ruling came Friday in the case State of Iowa vs. Derek Michael White, who claimed the court should not have allowed two child witnesses to testify against him via video. White, of Melvin, was sentenced in March 2022 to up to 15 years in jail on three felony convictions — two counts of child endangerment and one count of neglect or abandonment of a dependent person, the KICD radio station reported.
More Iowa Supreme Court coverage:6-week abortion ban can take effect, Iowa Supreme Court rules, ending injunction
Two child witnesses testified against White in the Osceola County case in northwest Iowa. White stayed in the courtroom while the children testified from the judge's chambers via a "one-way," closed circuit television system. White could see the witnesses but the children could not see White.
Justice David May wrote in the majority opinion for the case State of Iowa vs. Derek Michael White, "When the accused and the witness are prevented from seeing each other, there is no face-to-face confrontation, and the Iowa Constitution is not satisfied."
"Two-way visibility — the ability to see each other — is inseparable from the idea of a face-to-face confrontation," May wrote.
In the dissent, Chief Justice Susan Christensen Christensen criticized the majority's ruling as too strict of a reading of the Iowa Constitution. She argued the Constitution could not account for the technology or even the type of case when written in 1857.
"White was able to confront the two boys to a meaningful degree. He watched them as they testified, and they knew he was watching. White’s attorney was in the room with the boys and cross-examined them," Christensen wrote.
"I see no practical difference in allowing child witnesses to testify where the defendant can see them, but the children cannot see the defendant," Christensen added.
Iowa Supreme Court rules children must testify against alleged abusers in-person
Derek White argued the court should not have allowed two child witnesses to testify against him in a child endangerment case via video.
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