Greenleaf Sees Court Decision on Child Testimony as Gratifying

HARRISBURG – After a 20-year effort to provide for an electronic testimony option for certain child victims and witnesses in criminal cases, Sen. Stewart J. Greenleaf said that he is gratified that the Pennsylvania Supreme Court this week rejected a challenge to constitutional amendments overwhelmingly passed by state voters in 2003.

Greenleaf began his quest in 1985 to give child witnesses in the commonwealth the same testimony options available to children in the majority of states, but challenges by defense attorneys resulted in several reversals.  In fact, when voters in 1995 approved by a large margin a similar constitutional amendment, the state high court negated the amendment on the grounds that it should have been posed to voters in two separate questions.

"Every time there has been a setback, the proponents of giving Pennsylvania children better access to justice went back to the drawing board.  It appears that this time, we have succeeded," said Greenleaf.

Under the law, child victims of, or material witnesses to, serious crimes would be allowed to testify by videotape or closed circuit television when a judge determines in a pre-trial hearing that testifying in the courtroom in the presence of the accused would cause severe emotional duress.  Children who testify by means of electronic testimony will face cross-examination and their testimony will be observed by the court during the criminal trial.

"Some children are able to handle the stress of testifying in court and do very well in the witness stand, but some are so fearful that they freeze," the senator said.  "This law will help to ensure that cases are not dropped because a child is too terrified to speak under the gaze of the defendant."