Gerald, In re
| Decision Date | 08 February 1984 |
| Docket Number | No. 83-98-A,83-98-A |
| Citation | 471 A.2d 219 |
| Parties | In re GERALD. ppeal. |
| Court | Rhode Island Supreme Court |
This is an appeal from an adjudication of delinquency by a justice of the Family Court. Gerald, a sixteen-year-old youth, was adjudicated guilty of committing what would have been, had he been an adult, a second-degree sexual assault. The assault was perpetrated upon the five-year-old daughter of his foster parents. Gerald was committed to the Training School until further order of the court. On appeal, Gerald claims that the trial justice erred in ruling that the accusing witness, Heather, was competent to testify against him. We disagree.
At the time of the alleged assault, Gerald was a ward of the state living as a foster child with Heather's family in the town of Johnston. Heather's mother, Cora, testified that on the morning of November 3, 1982, she left Heather at home with Gerald and two of her other foster children, Lois and Susan, while she took her other daughter to the doctor. The foster children were instructed to stay home until after Heather had boarded the school bus for kindergarten, which she usually did at about 11:30 a.m. Lois testified that she and Susan went out early that morning, leaving Heather alone with Gerald.
Cora testified further that she was on the telephone, speaking to her husband, when Heather came home on the school bus at 2:30 p.m. Uncharacteristically, Heather came home that afternoon acting very upset. She slammed down her lunch box, threw off her coat, and went directly to her mother, telling her to hang up because she had something to tell her. Starting to cry, Heather said that she was mad at Walter (as Gerald was known in the household), that she didn't like what he did to her, and that he was kissing her as if she were a teenager, hard on her mouth and all over her hair. Heather then proceeded to tell her mother everything that had happened that morning.
The case came on for trial on November 30, 1982. Heather was examined at some length by both the court and the town solicitor before being found competent to testify. At the conclusion of the competency hearing the court stated, "I'm satisfied at this point that she is here to tell the truth; that she attends a church; that she has some knowledge of the issues of telling the truth and not lying; and that she would be competent to testify at this juncture."
Gerald argues that the trial justice's ruling was erroneous in that it is clear from the record that Heather did not know the meaning of telling the truth, that she did not necessarily think it bad to lie, and that she had no awareness of the consequences of lying in court. Although the record indicates that Heather was unable to answer abstract questions about what it means to tell the truth and what it means to tell a lie, there is ample evidence to support the ruling of the trial justice. Heather was able to answer factual questions intelligently. She testified that it was better to tell the truth than to lie, and she stated several times that she would not tell the judge a lie--that she would tell the truth.
Gerald maintains that Heather's clear ability to communicate and her promises to tell the truth are not enough. He contends that a witness of tender years must appreciate the obligation to tell the truth and must be able to articulate or demonstrate some knowledge of the adverse consequences of lying in court. Such an appreciation or knowledge, he claims, was not demonstrated by Heather.
In State v. Cabral, R.I., 410 A.2d 438, 442 (1980), we said that "a child may not testify unless and until the trial justice...
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State v. Lynch
...long as the child understands the definitions of both and was there to tell the truth." Girouard, 561 A.2d at 886 (citing In re Gerald, 471 A.2d 219, 220-21 (R.I.1984)). We defer to the judgment of the trial justice, who upon hearing this exchange, was confident that Mary in fact did unders......
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State v. Lynch, No. 1999-327-C.A. (K1/96-591A) (RI 8/11/2004)
...long as the child understands the definitions of both and was there to tell the truth." Girouard, 561 A.2d at 886 (citing In re Gerald, 471 A.2d 219, 220-21 (R.I. 1984)). We defer to the judgment of the trial justice, who upon hearing this exchange, was confident that Mary in fact did under......
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..."the preferable course is to accept a child's story for what it seems to be worth, as ascertainable upon testifying * * *." In re Gerald, 471 A.2d 219, 221 (R.I.1984) (quoting 6 Wigmore, Evidence, § 1821 at 405 (Chadbourn rev. 1976)). There are four testimonial capacities that are required ......
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State v. Mills
...that Shane did not utter any particular "magic words" indicating comprehension of the obligation to testify truthfully. In re Gerald, 471 A.2d 219, 221 (R.I.1984). What is significant is the trial judge's overall firsthand impressions of Shane's responsiveness and desire to be truthful. Id.......