Iowa AG Bird: Amend state constitution to protect children who testify in court

JOHNSTON — Iowa Attorney General Brenna Bird said Friday she plans to propose amending the Iowa Constitution to offer protections for children who testify against alleged abusers.

Bird’s proposal comes in the wake of an Iowa Supreme Court ruling that overturned an Iowa man’s child abuse or neglect conviction because two witnesses, his 8-year-old and 11-year-old sons, gave their testimony via closed-circuit television and not in person.

By a 4-3 vote, the Iowa Supreme Court ruled June 28 the video testimony violated the man’s constitutional right to face his accuser. Prosecutors in the case had argued that the video testimony satisfied that right because the defendant could watch the children’s testimony. The Iowa Supreme Court’s majority said that was not sufficient because the video was one-way — the defendant could see the children, but they could not see him.

As a result of the ruling, any Iowa children who testify in state court could be required to do so in the courtroom, potentially in front of a defendant accused of assaulting them.

The ruling makes Iowa the only state in the country to not follow a 1990 U.S. Supreme Court ruling that allows closed-circuit television testimony by children in abuse cases.

Advocates for child victims have expressed concern with the ruling and its potential impact. They say children often are traumatized by testifying in court where they can be seen by their accused abuser.

Bird, after recording her appearance on this weekend’s episode of “Iowa Press” on Iowa PBS, told reporters she plans to introduce a constitutional amendment that would offer some protections for Iowa children who testify in trials.

Bird’s office said later Friday that the proposed constitutional amendment “will ensure that victims, including children, are not forced to testify while being stared down by their abuser.”

“As a prosecutor who works with child victims, I know just how harmful that is to kids,” Bird said. “I am working in my office to draft a constitutional amendment to solve this problem, because we have to protect children.”

Bird said child victims often are scared to appear in court, and that she would sometimes advise child victims — and adult victims — that they do not have to look at the defendant during trial proceedings.

“It’s hard for kids to testify in court. Not to mention they’re kids: it would be hard for them to testify in court about something good that had happened, much less something really bad and awful that has happened. So it’s tough,” Bird said.

Bird indicated she plans to introduce it for state lawmakers’ consideration when they convene next year.

To amend the Iowa Constitution, a proposal must pass two sessions of the Iowa Legislature separated by an election, then a popular vote on a general election ballot.

Comments: (515) 355-1300, erin.murphy@thegazette.com

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