Molestation Suspect, as Own Lawyer, Confronts Alleged Victims : Courts: Two former patients at Simi Valley Hospital testify that nurse’s aide fondled them. Experts say victims may be further traumatized by trial experience.

In a highly unusual sexual molestation trial in Simi Valley, the defendant has been allowed to function as his own lawyer, putting him in position to revisit his alleged crimes with his victims.

Several family law experts, as well as social workers who counsel victims of sexual assault, deplored the courtroom confrontation because of its potential effect on the victims, but conceded that there were few options because of a defendant’s right to represent himself.

“I think it’s very disturbing,” said Patricia Phillips, a Los Angeles attorney.

Two of three victims in the case testified Monday that nurse’s aide Victor Sumner fondled them while they were patients at Simi Valley Hospital.

The first, a developmentally disabled 32-year-old, sternly reproached Sumner during his cross-examination when he asked why she had not leaned over and pushed him away.

“We’re here about you,” she said. “You’re a mean man to ever do that to a girl who is in the hospital. Since you’ve done that I’ve been scared.”

Asked by Sumner why she was scared, the woman, described in court as an epileptic having the mental capacity of an 8- to 10-year-old, responded: “Because you said you were going to take down your pants and make me have a baby.”

The second woman, a 72-year-old who was so frail that she had to be wheeled into court on a hospital bed, also stood her ground during the examination from Sumner.

Sumner quizzed her on her ability to remember the incident, and the woman responded by recounting the event in great detail.

“I’ve tried to put this out of my mind,” the woman said. “But I cannot forget it.”

Not only is Sumner cross-examining witnesses. As defense counsel, he also has access to their phone numbers and addresses. One victim said Monday that she was frightened because when the alleged crime occurred, he threatened to track her down and molest her again.

Experts who specialize in counseling sexual assault victims said Monday that facing the alleged assailant a second time may have been very traumatic for the women, even if they showed little emotion on the stand.

“It’s hard enough to go through the trauma of an assault. I can’t imagine how horrible it must be for them to face the perpetrator a second time,” said Pam Cady, a counselor with the Ventura County Coalition Against Family and Sexual Violence.

Despite these risks, legal experts said Ventura County Superior Court Judge Charles W. Campbell Jr. had little choice but to let Sumner represent himself.

“I don’t think there’s any way around it,” said Los Angeles attorney Gloria Allred. “He has the right to represent himself. But still, I think it raises serious questions because of the intimidation the victims may feel about coming forward to testify.”

During arguments last week, Deputy Dist. Atty. Patrice D. Koenig tried to persuade Judge Campbell to at least prevent Sumner from gaining access to victims’ phone numbers and addresses.

But Campbell said Sumner, as the person in charge of the case, had the right to all pertinent information.

UCLA law professor Peter Arenella said granting Sumner such access to his alleged victims is unusual.

“Normally when people represent themselves in crimes of violence, it’s not typical that (they) would be given access to the addresses and phone numbers of victims,” Arenella said.