The June Iowa Supreme Court ruling that essentially banned most abortions in the state partly obscured a simultaneous decision that also was closely divided and also promises large implications for vulnerable Iowans.
This opinion ordered a new trial for Derek White , a northwest Iowa man who was convicted of abuse or neglect of a child and child endangerment after a social worker found a severely bruised 2-year-old child in a home White shared with a woman, the child and other children. Two boys, ages 8 and 11 during the trial, testified via closed-circuit television from another room that White had struck the toddler with a belt.
The closed-circuit testimony — during which White could see each boy on a screen but they could not see him — violated the Iowa Constitution’s guarantee that a defendant “be confronted with the witnesses against him,” Justice David May wrote for four justices. Three justices dissented.
The case puts in tension two paramount concerns for the government and for society: fair trials, and the well-being of children. In many domestic and child abuse cases, the testimony of children is indispensable, but requiring them to sit alone in a witness box near a person they fear and to face hostile questions can inflict significant trauma.