April 12, 2002 E-mail -
[Cached Version]
Published on: 4/12/2002
Last Visited: 6/8/2004
James E. Butler, a Hamilton County assistant prosecutor for 21 years, has seen about 20 cases of abuse of mentally disabled victims.He was involved in prosecuting eight and won convictions in four.
To win convictions, he says, he needs "trace evidence," such as bodily fluids or DNA under a victim's nails.Often, he says, that evidence isn't there or the crime scenes are too old by the time police are called in.
He also needs credible witnesses, but they're hard to come by.It's a rare caregiver who will break ranks and testify against coworkers in an institution or nursing or group home for the mentally retarded, he says.
If the other witnesses are fellow residents, they're usually too mentally impaired to meet court standards for competency.A "competent" witness must show that he or she knows the difference between truth and a lie, knows the consequences of lying, and can remember enough details to accurately relate what he saw, Mr. Butler says.
Even if a case gets to trial and a mentally retarded victim or witness takes the stand, "you're standing with your heart in your throat," Mr. Butler says.
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Bans on hearsay testimony also mean that rescuers, the nurses and others who first find out about suspected abuse from victims, can't testify about it unless it was an "excited utterance," where the victim had no opportunity to frame a thought, Mr. Butler says.