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Koliner helped to prosecute Mohammed Sharif Alaboudi, a South Dakotan convicted of sex trafficker who is now serving four life terms in prison.
Material from the Associated Press was used in this report.
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.
Four young Native American men face combined sentences of more than 120 years for alleged child abuse. He testified that a large body of research shows that the presence at an interview of several adults-people of relatively high status-increases the conformity and compliance with what those adults expect from a child. Underwager testified that the documents from the case files and courtroom testimony suggested to him that powerful and potentially coercive influences had been brought to bear on the small four- and five-year-old children who were taken without notice from their mothers, families and homes, without being told the reasons and kept incommunicado in a strange place where all the people around them urged them to talk about sex abuse. By excluding the expert testimony, the district court assumed the jury could do without the informed opinion of the expert-that from the files and records and testimony a practice of suggestibility has been employed in the investigative techniques used on young children.
Second, in light of the background of this case, the district court's exclusion of testimony relating to inter-child sexual activity among the alleged victims and other children on the reservation deprived the defendants of important evidence indicating another possible source relating to any physical manifestations of abuse. Third, because of the possible influences on the memories of the children by social services personnel and other investigators and the lack of access to the children, the district court prejudicially erred in refusing to authorize an independent psychological examination. Van Roe testified that Jean Brock and foster mother Donna Jordan remained in the room while FBI agents conducted the initial interviews of the children on January 19 and 21, 1994-over a week after the children were taken from their parents' homes, told by Jordan and Brock that this was because their uncles had done bad things to them, and put into the care of Jordan. Thus, agents received a frame of reference which could produce bias, even before the start of the interviews.3. Repeated questioning of victims often results over time (or even within a single interview) in an inaccurate report. These children were repeatedly questioned by Brock, Jordan, Kelson, doctors and law enforcement agents. Studies have shown children are particularly susceptible to an interviewer's “bad man” stereotype, and when repeatedly told the actor is a bad man, they may construct a false account of an event often embellished with perceptual details in keeping with the stereotype. Here, various persons told the children from the beginning that the defendants were “bad” and that it would not be “safe” to go home until the defendants were gone. 705, 708-711 (1987); Debbie Nathan, Justice in Wenatchee, N. The defense provided the court with an abundance of literature supporting the expert's explanation relating to the existence of coercive factors in this case. Eighth Circuit Caselaw Regarding Similar Testimony Although the district court correctly precluded Dr. Simpson, 979 F.2d 1282, 1287-88 (8th Cir.1992) (recognizing battered woman syndrome), cert. Plenty Arrows, 946 F.2d 62 (8th Cir.1991) (no abuse of discretion where district court allowed health therapist to testify that victim's behavior consistent with that of other sexually abused children); Arcoren v. Robert Ferrell, had the children placed under anesthesia and examined them with a colposcope. indicated evidence of tearing and scarring of the anal mucosa but otherwise a normal anus and vagina; that R. had apparent damage to the hymenal ring consistent with vulvovaginal trauma, and possible anal trauma; that L. revealed a fusion and evidence of anal trauma; that J. had neovascularization, clue cells and a tag or scar on the hymen. R., the anterior portion of the hymenal ring was essentially gone; he diagnosed vaginal and vulva trauma. Robert Fay of Albany, New York, testified he had prior training and experience with Native American patients, sex abuse diagnosis and treatment, and that he had been previously retained by both defense and prosecution in other cases. Fay testified that the reported hymenal fusions in L. The appreciation of this reality should serve as a constant reminder that the determination of sexual abuse can rarely rely on a physical examination alone and that consideration of all the components of the investigation-especially the information obtained from the child-is essential. D., et al., Genital Findings in Prepubertal Girls Selected for Nonabuse: A Descriptive Study, 86 Pediatrics 428, 438 (Sept. We agree that, as a matter of discretion, the district court need not have required more invasive procedures on these small children.
“You’ve got poverty, you have high, high rates of sexual abuse, which is often a precursor to prostitution and you have just a sense of desperation on the reservation in terms of day-to-day life.”Deer says sex traffickers tend to find young Native American runaways with drug or alcohol addictions, because they are often susceptible to traffickers’ offers.
And while trafficking is “not a new crime” in the state, the recent state-federal partnership has helped give the issue “new recognition.”But local communities in South Dakota did not stop once the problem had been identified.
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.