Judge to rule if kids' testimony can be avoided in sex case

Several witnesses were questioned in detail Friday about how they came to learn of alleged sexual abuse against young children at a private Whitefish school.

It was the latest chapter in ongoing pretrial proceedings in the case against David Farr, 37, the former administrator at Children's House Montessori School.

Friday's hearing was aimed at determining whether Flathead County prosecutors can use hearsay evidence provided by adult witnesses when the actual trial gets under way.

Deputy County Attorney Dan Guzynski contends in court documents that five children involved "will be unavailable to testify in this matter because of incompetency or the trauma that would be inflicted upon them if they had to testify."

The prosecution is relying on a 1988 Montana Supreme Court ruling that recognized "evidentiary difficulties in cases alleging sexual abuse in very young children."

The children in the Farr case were all under age 4 when the alleged offenses occurred.

The Supreme Court ruling has a two-step requirement that the children in such cases first must be found to be incompetent as witnesses, and second, to determine whether the hearsay statements can be considered to be reliable and consistent.

The ruling requires the court to consider whether "the relationship between the witness and the child has an impact on the trustworthiness of the child's hearsay statement" and whether the witness has a "motive to fabricate or distort the child's statement" as well as "the circumstances under which the witness heard the child's statement."

Questioned on Friday were Det. Brandy Arnoux of the Columbia Falls Police Department; Dr. Jennifer Simon-Thomas, a clinical psychologist; Dr. Kristen Veneman; and a mother of a child involved in the case.

Those potential hearsay witnesses were questioned in considerable detail about how they heard statements from children involved in the case.

The line of questioning from Farr's defense attorney, Jack Quatman of Whitefish, appeared to be aimed at testing the consistency of the witnesses' memories, reports and notes they had taken after speaking with the children.

Judge Stewart Stadler closed Friday's proceedings without ruling on the pretrial issues. Further motions by the prosecution and defense have to be filed by Jan. 31, and Farr's trial is expected to get under way in March.

Farr pleaded innocent to five charges of felony sexual assault last April. He is free on $100,000 bond. If convicted, he could face 500 years in prison.

The case was investigated by the Whitefish Police Department, the Montana Division of Criminal Investigation, the FBI, Immigration and Customs Enforcement, the Flathead County Sheriff's Office, the Kalispell and Columbia Falls police departments and the Department of Family Services.

Reporter Jim Mann may be reached at 758-4407 or by e-mail at jmann@dailyinterlake.com