Deukmejian Leans Toward Bill on Child TV Testimony

Gov. George Deukmejian on Friday said there is “little doubt” that he will sign a controversial measure that for the first time would allow some children in sexual abuse cases to testify via closed-circuit television.

At the same time, however, a defense attorney in the McMartin Pre-School molestation case--which prompted the legislation--said any attempt to apply the bill to the case would be challenged on constitutional grounds.

“This certainly is an abridgement and violation of the defendant’s right to confront his accusers,” said Bradley Brunon, attorney for Virginia McMartin, one of seven defendants charged with 208 counts of child molestation and conspiracy.

Deukmejian, who aides said had voiced concerns earlier about the measure’s constitutionality, told reporters following a speech to senior citizens that he believes those issues have been adequately addressed.

“From everything I’ve heard about it . . . I think there is little doubt about the fact that I will probably sign it,” Deukmejian said. The governor cautioned, however, that he first wants to review the measure’s contents and read legal opinions.

Approved Thursday by Legislature

The bill, by Democratic Sen. Art Torres of South Pasadena, was given final approval Thursday by the Senate after the Assembly added a number of provisions intended to protect the rights of defendants while shielding children 10 years and younger from courtroom confrontations with the accused.

It would allow two-way televised testimony only in cases where a judge determines that a courtroom appearance would be so threatening to the young witnesses that they would be unlikely to show up.

Brunon contends that applying the measure to the McMartin case, now in the preliminary hearing stage, would amount to “changing the rules in the middle of the game.”

“We will object on all grounds,” he said.

The Legislature’s attorney earlier advised lawmakers that applying the measure to pending cases would violate provisions of both the U.S. and California constitutions.

Brunon also said that evidence gathered in the preliminary hearing indicates that the young witnesses have not been traumatized by facing the defendants in open court.

“Despite the fact that a district attorney-hired therapist predicted such a confrontation would be catastrophic and that the children would be so traumatized they would become catatonic, exactly the opposite became the case,” he said. “None of the children have shown anything approaching discomfort.”

Test Case Welcomed

Deputy Dist. Atty. Lael Rubin, chief prosecutor in the case, vowed to use the measure as soon as it is signed into law, adding that she is “looking forward to making this a test case.”

Rubin said Brunon’s claim that the measure cannot be applied to the McMartin hearing is “dead wrong.”

She also accused Brunon of being glib in contending that children involved in the preliminary hearing have not been traumatized by their courtroom testimony.

“Often the trauma from the testimony does not surface until later,” she said.