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Monday, August 08, 2011

Courts - Use of Rosie, a golden Retriever who helps young victims testifying in court, challenged

Don't miss the photo. NY Times reporter William Glaberson writes today in a story that begins:

POUGHKEEPSIE, N.Y. — Rosie, the first judicially approved courtroom dog in New York, was in the witness box here nuzzling a 15-year-old girl who was testifying that her father had raped and impregnated her. Rosie sat by the teenager’s feet. At particularly bad moments, she leaned in.

When the trial ended in June with the father’s conviction, the teenager “was most grateful to Rosie above all,” said David A. Crenshaw, a psychologist who works with the teenager. “She just kept hugging Rosie.”

Now an appeal planned by the defense lawyers is placing Rosie at the heart of a legal debate that will test whether there will be more Rosies in courtrooms in New York and, possibly, other states.

Rosie is a golden retriever therapy dog who specializes in comforting people when they are under stress. Both prosecutors and defense lawyers have described her as adorable, though she has been known to slobber. Prosecutors here noted that she is also in the vanguard of a growing trial trend: in Arizona, Hawaii, Indiana, Idaho and some other states in the last few years, courts have allowed such trained dogs to offer children and other vulnerable witnesses nuzzling solace in front of juries.

The new role for dogs as testimony enablers can raise thorny legal questions, however, with defense lawyers arguing that the dogs may unfairly sway jurors with their cuteness and the natural empathy they attract — whether a witness is telling the truth or not — and some prosecutors insisting that the courtroom dogs can be a crucial comfort to those enduring the ordeal of testifying, especially children.

Posted by Marcia Oddi on August 8, 2011 01:31 PM
Posted to Courts in general