Chambers v. StateChambers v. State
A jury found Chambers guilty of two counts of capital sexual battery. Due to the fact that the victims were approximately eight and five years of age and were his stepsons, a motion for order to present the victims’ testimony at trial by video equipment was granted. Accordingly, the videotaped testimony of the two alleged child victims was made, while appellant viewed the proceedings from behind a two-way mirror. Subsequent to the videotaping, and just prior to trial, both children recanted their testimony that appellant had sexually abused them. Nevertheless, despite an initial pretrial order prohibiting the State‘s use of the videotape, the State was later granted permission by the court to show the videotape at trial. Both children also testified at trial.
During its deliberations, the jury requested and was granted permission to have reread to them in open court one of the children‘s trial testimony, as well as have replayed for them in the jury room the videotaped testimony. Appellant did not enter an objection to the replaying of the videotape during the jury‘s deliberation or offer alternative suggestions, such as having the transcription of the audio portion of the videotape reread, or having the tape replayed in open court under the direct supervision of the judge. An objection was raised for the first time in a motion for new trial, which was denied. On appeal, appellant raises three points challenging the court‘s allowing the videotaped testimony to be reviewed during the jury‘s deliberations, appellant‘s limited participation in the actual videotaping of the testimony, and the court‘s denial of appellant‘s motion for judgment of acquittal. We affirm.
As to appellant‘s second point, he argues that by limiting his presence at the videotaped hearing to viewing the witnesses behind a two-way mirror, pursuant to
We do not consider that such limitation was an unconstitutional abridgment of appellant‘s Sixth Amendment right to confrontation. That right is not absolute, “and competing interests, if closely examined, may warrant dispensing with confrontation at trial.” Ohio v. Roberts, 448 U.S. 56, 63-64, 100 S.Ct. 2531, 2537-2538, 65 L.Ed. 597 (1980); Mattox v. U.S., 156 U.S. 237, 15 S.Ct. 337, 39 L.Ed. 409 (1985) (noted that the Sixth Amendment‘s right of confrontation would occasionally give way to public policy considerations and the necessities of the case).
Weighing the competing interests in the balance, we hold that the defendant‘s right to confront his accusers must give way to
Although “the Confrontation Clause reflects a preference for face-to-face confrontation at trial,” Ohio v. Roberts, 448 U.S. 63-64, 100 S.Ct. 2537-2538, the “main and essential” purpose of the clause is to secure to the accused the opportunity of crossexamination. Delaware v. Van Arsdall, 475 U.S. ___, ___, 106 S.Ct. 1431, 1440, 89 L.Ed.2d 674, 683 (1986). In the instant case, not only was appellant afforded the opportunity to cross-examine the children through his defense counsel, but the children testified at trial in appellant‘s presence. Consequently, appellant was in no way denied his Sixth Amendment right to confrontation in the instant case. See California v. Green, 399 U.S. 149, 90 S.Ct. 1930, 26 L.Ed.2d 489 (1970) (a court‘s admitting a declarant‘s out-of-court statements in situation where declarant is available to testify does not violate confrontation clause); see also State v. Tafoya, supra (even though defendant was in control booth, he was “present,” within that term‘s ordinary meaning, as required by statute); People v. Algarin, supra (defendant not denied his right to confrontation by statute authorizing the examination of emotionally traumatized child victims by live closed-circuit television outside the defendant‘s physical presence); State v. Johnson, 240 Kan. 326, 729 P.2d 1169 (1986) (no violation of clause even though defendant not face-to-face with child during videotaping, since defense attorney and the State were present and could cross-examine); Eastman v. Commonwealth, 720 S.W.2d 348 (Ky.App. 1986) (in that victim did testify, the defendant‘s right to confront not violated); People v. Johnson, 146 Ill. App.3d 640, 100 Ill.Dec. 330, 497 N.E.2d 308 (1986) (although defendant secluded during videotaped testimony, no confrontation violation since victim was cross-examined).
Appellant also challenges the statute on the basis that it violates
Finally, appellant argues that the court erred in denying his motion for judgment of acquittal, as the only evidence of the sexual batteries was the uncorroborated prior inconsistent statements of the children. Appellant relies on the supreme court‘s recent decision in State v. Moore, 485 So.2d 1279 (Fla. 1986), holding that prior inconsistent statements without any corroborating evidence are, as a matter of law, insufficient to prove guilt beyond a reasonable doubt. However, we find this case distinguishable from Moore as the testimony of the children‘s stepmother and stepsister, as well as that of the detective concerning the behavior of the children and appellant in giving their statements, sufficiently corroborated the children‘s prior inconsistent statements. Thus, the trial court did not err in denying appellant‘s motion for judgment of acquittal.
AFFIRMED.
WENTWORTH and NIMMONS, JJ., concur.
Notes
Section 92.53(1) provides:
On motion and hearing in camera and a finding that there is a substantial likelihood that a victim or witness who is under the age of 16 would suffer at least moderate emotional or mental harm if he were required to testify in open court or that such victim or witness is otherwise unavailable as defined in s. 90.804(1), the trial court may order the videotaping of the testimony of the victim or witness in a sexual abuse case or child abuse case, whether civil or criminal in nature, which videotaped testimony is to be utilized at trial in lieu of trial testimony in open court.