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Court Rules that Defendant Was Not Denied Right to Cross Examine a Witness that Was Deaf, Could Not Speak, and Never Learned Sign Language

By Walin & Klarich

The United States Constitution gives defendants the right to cross-examine witnesses against them in criminal proceedings. A defendant in California appealed his conviction of murder on the grounds that he was unable effectively to cross-examine the prosecution?s key witness. The mother of the victim in this case was the prosecution?s key witness. The victim?s mother, is deaf, cannot speak, and has never learned a standard sign language. Rather, she communicates by using a combination of signs, gestures, facial expressions, and lip reading. At trial, the court used two interpreters to elicit her testimony. The criminal defense attorney for the defendant objected a number of times throughout her testimony, claiming, among other things, he could not determine whether she understood the questions being asked of her.continue to full post

Full post as published by Southern California Criminal Defense Blog on November 24, 2009 (boomark / email).