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Sunday, June 21, 2009

New Georgia law allows electronic testimony

People who have been victims of crimes can start submitting statements about they harm they suffered by video, audio or teleconference, rather than in person, beginning July 1.

The Georgia General Assembly this year passed a law allowing electronic testimony. Before, victims had to submit written statements and read from them in open court, with the defendant present.

Local prosecutors and defense attorneys are divided over how the change will affect their cases.

"Those limitations (requiring written reports) take the passion out of the impact that the crime had on (the victim's) family," said Conasauga Judicial District Attorney Kermit McManus.

When victims stand up in court to describe injuries, losses and impacts on families they suffered at the hands of a convicted defendant, prosecutors and defense attorneys can challenge or object to portions of their statements.

Conasauga Public Defender Mike McCarthy said the new law doesn't read clearly on how recorded testimony may be challenged.

"It doesn't say if there is any procedure to have any sort of pre-trial hearing to have the subject cross-examined," Mr. McCarthy said. "If the (district attorney) tries to submit a videotape, there's no way a defense attorney can cross-examine a videotape."

Mr. McManus said though the legislation isn't specific, an electronic statement probably would probably be like any other type of audio or videotape used as evidence -- both sides would see the video before it is aired in court.

Recorded statements benefit people who are too traumatized, fearful of the defendant or emotional to clearly communicate, said Susan Howley, public policy director for the Washington, D. C.-based National Center for Victims of Crime.

"If you were the victim of a violent crime, you can imagine that you might have a physical reaction at being in the same room with the defendant," she said.

But Lookout Mountain Judicial Circuit Public Defender David Dunn worries that if defendants can't challenge victim impact statements, they may be sentenced more harshly than necessary.

"That's the whole point of victim impact testimony is to try to affect the severity of the punishment," Mr. Dunn said. "Over hundreds of years, we've developed these processes for testing reliability. One of them is the ability to look somebody in the eye and ask them questions about it."

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