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23-Mar-2020 10:31

The children are referred to by initials in the text of this opinion. Ceci and Maggie Bruck, Suggestibility of Child Witnesses: A Historical Review and Synthesis, 113 Psychological Bulletin 403-439 (1993), which reviews the research and writing on the subject and supports the view that the very matters observed and testified to by Dr. They and a fifth defendant, Duane Rouse, who was acquitted by the jury, faced twenty-three counts of aggravated sexual abuse of children under the age of twelve years in violation of 18 U. These counts related to alleged abuse of five young Native American children. Ed.2d 392 (1996): Little turns, however, on whether we label review of this particular question abuse of discretion or de novo, for an abuse of discretion standard does not mean a mistake of law is beyond appellate correction. In particular, the district court made reference to a recent article by Stephen J. These defendants are Jesse Rouse, Desmond Rouse, Garfield Feather and Russell Hubbeling. The jury found Jesse Rouse guilty of two counts of sexual abuse; Desmond Rouse guilty of three counts; Garfield Feather guilty of four counts and Russell Hubbeling guilty of two counts. Reliability of the Offered Testimony We have examined both the evidence and the literature presented to the district court and conclude that both support the defendants' offer of proof. These convictions rest upon testimony of young children, the alleged victims, with some support from findings on medical examinations of the children. The events allegedly occurred at family residences on a South Dakota Indian Reservation. That assumption minimizes almost 100 years of extensive research in this area of psychology-information which is beyond the knowledge or experience of the average individual.3. Accordingly, the appellants are entitled to a new trial on these grounds. However, an examination of the record establishes that the medical evidence was inconclusive as to abuse or abuse by the defendants and that the children's reports of abuse may have been tainted by the influence of social workers and law enforcement officials who investigated and prepared the government's case. Among other things, the article documents adequate research indicating the following:1. A review of the record here reveals the children were asked entirely leading questions in court. If the interviewer's original perception is incorrect, this can lead to high levels of inaccurate recall. Whitetail, 956 F.2d 857, 859 (8th Cir.1992) (same); United States v. Pierre, 812 F.2d 417, 419-20 (8th Cir.1987) (expert can inform jury of characteristics found in sexually abused children and describe characteristics alleged victim exhibits). Johns, 15 F.3d 740, 743 (8th Cir.1994), we rejected the defendant's argument that an expert impermissibly vouched for a sexual abuse victim's credibility because implicit in the expert's testimony was the opinion that the victim was telling the truth. Whitted, 11 F.3d 782, 785 (8th Cir.1993), we determined that an expert may inform the jury of characteristics found in sexually abused children and describe characteristics the alleged victim exhibits. Underwager was not testifying as to whether the children were credible, but rather to whether they were subjected to suggestive practices. We grant relief on two issues: (1) refusal to allow expert opinion testimony by a court appointed psychologist that the children's evidence and testimony became tainted by suggestive influences to which the children were subject in the investigation and trial, which influences included taking the children (the alleged victims and nine other children) from their families and from their residences and (2) denial by the trial court of the defendants' motion for independent psychological examination of the allegedly abused children-in light of the circumstances of the case. The Supreme Court recently revisited the “abuse of discretion” standard in Koon v. The Ceci-Bruck article does not state that young children should not testify but observes that many common interviewing practices can produce an altered memory.Wiconi Wawokiya, an organization committed to ending domestic violence on reservation communities, plans to open the Pathfinder Center in an old motel, a place where victims can receive counseling, shelter, and emotional support once their abuser has been caught.“We’re sending the message to the men who are doing this: ‘Don’t come to our state.Drive on,'” Kevin Koliner, a federal prosecutor, told the Associated Press.

Ranked 46th for crime and 50th for unemployment, according to the 2010 US Census, South Dakota seems an unlikely hub for sex trafficking, which is why the number of recent trafficking cases in this rural state came as such a surprise to state law enforcement.

Mike Leidholt, Cabinet Secretary To protect the citizens of South Dakota by providing safe and secure facilities for juvenile and adult offenders committed to our custody by the courts, to provide effective community supervision to offenders upon their release and to utilize evidence-based practices to maximize opportunities for rehabilitation.