The Office of the Attorney General is opposing a motion to exclude the testimony of a female minor who was allegedly sexually abused by a 28-year-old man. <\/p>\n
Assistant attorney general Frances T. Demapan said the issue as to whether or not pretrial investigative techniques influenced a child witness\u2019 memory \u201cis a question of reliability, which speaks to the witness\u2019s credibility, not competency to testify.\u201d<\/p>\n
\u201cSuch issues should be presented to the trier of fact for a determination and should not require an evidentiary hearing held in advance of trial,\u201d said Demapan in the government\u2019s request to deny Peter Orren Aldan\u2019s motion to exclude the testimony of the child.<\/p>\n
Aldan, through counsel, claims the girl\u2019s testimony was a result of suggestive or coercive interview techniques. <\/p>\n
Demapan said Aldan has failed to make an initial showing that the girl\u2019s memory may have been tainted through suggestive or coercive interview tactics.<\/p>\n
The prosecutor said a detective follow-up interview with the child\u2019s mother, less than three hours after the incident, also fails to show the use of any suggestive or coercive interviewing techniques.<\/p>\n
According to a police report, the mother stated that she walked in on Aldan on the bed with her daughter last Jan. 4. The mother said she saw Aldan pull his hand off the girl\u2019s pants, so she raised her voice, asking him what he was doing. The mother said her child told her that Aldan touched her inappropriately. Aldan denied the allegation.<\/p>\n","protected":false},"excerpt":{"rendered":"
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