State v. Welch

760 So. 2d 317, 2000 WL 366292
CourtSupreme Court of Louisiana
DecidedApril 11, 2000
Docket99-K-1283
StatusPublished
Cited by20 cases

This text of 760 So. 2d 317 (State v. Welch) is published on Counsel Stack Legal Research, covering Supreme Court of Louisiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Welch, 760 So. 2d 317, 2000 WL 366292 (La. 2000).

Opinion

760 So.2d 317 (2000)

STATE
v.
Benjy WELCH.

No. 99-K-1283.

Supreme Court of Louisiana.

April 11, 2000.

*318 J. Rodney Baum, Baton Rouge, Counsel for Applicant.

Richard P. Ieyoub, Atty. Gen., Anthony G. Falterman, Dist. Atty., Donald David Candell, Gonzales, Charles Spencer Long, Donaldsonville, Counsel for Respondent.

VICTORY, J.[*]

We granted a writ in this case to determine whether the defendant was denied his constitutional right to confront a witness that was testifying against him. After reviewing the record and the applicable law, we hold that the procedure employed by the trial court deprived the defendant of his right to confrontation, and that this error was not harmless. Therefore, we reverse the conviction of the defendant and remand this case to the trial court for a new trial.

FACTS AND PROCEDURAL HISTORY

After a bench trial, defendant was convicted of molestation of a juvenile over whom he had control or supervision, in violation of La. R.S. 14:81.2, and the defendant was sentenced to ten years of imprisonment at hard labor. At the time of trial, the alleged victim was nine years old. She and her mother had been living with the defendant since she was about one and one-half years of age. Although the defendant was not the victim's father, she considered him as such.

In late 1996 or early 1997, the victim told one of her young friends that the defendant was "fooling with her." The victim told her friend not to tell anyone because the defendant had threatened to kill her mother if she told anyone. Thereafter, the friend repeated the allegation to her own mother and her mother told the victim's mother about the victim's allegations involving the defendant.

*319 At trial, immediately before the alleged victim was called to testify, the State moved to prevent the victim and the defendant from observing each other:

STATE:
Your Honor, at this time I would ask that the protection for [sic] the view of the defendant for the victim be instituted by the Court because the next witness is the victim.
COURT:
Mr. Vega [defense counsel], for the record?
DEFENSE:
Judge, I presume what Mr. Long is talking about is having my client sit behind the partition wall there with some paper taped up on it, and we would object to that, Your Honor. I think that in this instance the child should have to face the person that she's accusing of molesting her. I think that there's a sobering effect to the fact that, if someone is going to accuse you, then you ought to have the right to be confronted by them because there's some psychological things that may be going on between the mother and/or child that the child might very well not prevaricate, or lie, if she's faced with the person that she's accusing. And so we would object to it, Your Honor.
COURT:
Well, under our law and under the jurisprudence, it's been that everyone is entitled to confront the accusers and to be in court and to see who it is that is accusing you of a crime and to have yourself or your attorney cross-examine or ask questions to that witness. In the situation we have now is a situation that we have similar to this in other cases, that when we have witnesses of a tender age that perhaps may suffer some traumatic—might have some traumatic effect just for being here in court, not necessarily because something ever happened to them, the law has provided us or given us a way to protect that witness so that we do not—"we" meaning the court system itself, the Court, the judge, the attorneys, the ambiance of the room does not add to that traumatic event if it is a traumatic event. Because of that, once it's requested by this Court, this Court will abide by that, the wishes of the district attorney's office, and will shield the witness from actually viewing the defendant. The defendant, however, will be in court. He will be able to be present during her testimony. He is present during her testimony. He can see who it is that's confronting him, and also, and most importantly, his attorney is here to ask questions, cross-examine, and of course confer with his client as far as any cross-examine or questions he may want to ask. So because of that, the Court's going to overrule your objection, is going to instruct Mr. Welch to take a seat behind the wall over there, or not the wall, but the shield.
DEFENSE:
To which ruling of the Court we, again, object and specifically—
COURT:
We'll note your objection for the record.
DEFENSE:
—specifically note that we believe that if child [sic] had to confront the person, that the relationship between the child and the father was such, not the father, and Mr. Welch, was such that it was a loving relationship and that she would not consistently tell what we think was planted in her mind.

At that point, the defendant was placed behind a "shield."[1]

The defendant appealed his conviction to the court of appeal, urging, inter alia, that the procedure utilized by the trial court was inappropriate in that it denied him his *320 right to confront witnesses against him, as secured by the Sixth Amendment to the Constitution of the United States; Article I, Section 16 of the Louisiana Constitution of 1974; and La. R.S. 15:273. In addition, the defendant claimed that the trial court did not act in accordance with La. R.S. 15:283,[2] which provides for the shielding of young witnesses in Louisiana courtrooms.

The court of appeal affirmed the conviction, holding that the procedure utilized by the trial court did not violate the defendant's confrontation rights. State v. Welch, 98-0638 (La.App. 1 Cir. 4/1/99), 744 So.2d 64. The appellate court reasoned that La. R.S. 15:283 was inapplicable to this case because the victim remained in the courtroom during the duration of her testimony and that the record indicates that the victim had the opportunity to see the defendant and the defendant had the opportunity to see her.[3] We granted the defendant's writ. State v. Welch, 99-1283 (La.11/19/99), 750 So.2d 207.

DISCUSSION

The Confrontation Clause of the Sixth Amendment to the United States Constitution provides that "[i]n all criminal prosecutions, the accused shall enjoy the right ... to be confronted with the witnesses against him." This right provides "`two types of protections for a criminal defendant: the right physically to face those who testify against him, and the right to conduct cross-examination.'" Coy v. Iowa, 487 U.S. 1012, 1017, 108 S.Ct. 2798, 2801, 101 L.Ed.2d 857 (1988). However, public policy considerations and necessities may take precedence over "face-to-face" confrontation. Maryland v. Craig, 497 U.S. 836, 849, 110 S.Ct. 3157, 3165, 111 L.Ed.2d 666 (1990).

It is important to note that Coy involved a factual situation that was almost identical to the one before us. Relying upon an Iowa statute, the trial court allowed the use of a large screen to be placed between the defendant and the witness stand during the testimony of two thirteen-year-old females.

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Bluebook (online)
760 So. 2d 317, 2000 WL 366292, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-welch-la-2000.