Law

Video Testimony by Children:
Commonwealth of Kentucky v. Leslie Willis

This case required the Court to decide as to whether KRS 421.350 prohibits a child witness, not a child victim, in a child abuse case from testifying against a defendant at trial, outside the defendant's physical presence, by closed circuit television.

The issue was whether the statute in question offended either Section Eleven of the Kentucky Constitution or the Sixth Amendment to the United States Constitution, both of which deal with the right of a criminal defendant to be confronted with the witnesses against him.

The Court held that the limited provisions of KRS 421.350(3) and (4) as they apply to child witnesses 12 years of age or younger who are the victims of sex abuse are constitutional. They do not deny the right of confrontation by a defendant nor do they violate the separation of powers doctrine.

• Brief for Appellants - 1986 [Download]
• Reply Brief for Appellant - 1986 [Download]
• Memo from Justice Wintersheimer to Justice Leibson - 1986 [Download]
• Memo from Justice Wintersheimer to all Justices - 1986 [Download]
• Opinion of the Court - 1986 [Download]
• Concurring Opinion by Justice Leibson - 1986 [Download]
• Dissenting Opinion - 1986 [Download]
• Brief for Appellants without appendices - 1985 [Download]
• Brief for Appellee - 1986 [Download]