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Testimony calls victims' statements into question

by NICHOLAS LEDDEN The Associated Press
| June 8, 2007 1:00 AM

Farr's defense calls their own sexual abuse expert

Defense attorneys in the David Farr trial called their own sexual abuse expert to the stand Thursday, and much of what she said called the reliability of the state's evidence into question.

Dr. Tascha Spears, a forensic interviewer and sexual abuse specialist from Arizona, testified that evidence-gathering interviews with child sexual abuse victims should be conducted outside the presence of a parent to avoid influencing that child's statements. Police interviewed at least one alleged victim with his mother in the room.

Spears also testified that it was "crucial" to tape or record interviews with both parents and victims within three to five days after first disclosure to ensure complete reliability about what was actually said. No taped interviews have been heard in court. Notes that parents took on their child's first disclosure of sexual abuse are not always a reliable substitute, she said.

Even well-meaning conversations between parents and alleged sexual abuse victims about that abuse can contaminate the objectivity of a child's statement to authorities, she told jurors.

Some of Spears' testimony directly contradicted that given by the state's expert Wednesday. Wendy Dutton, out of Phoenix, testified for the prosecution that is is difficult for young children to answer extremely open-ended questions, and so interviewers must narrow their inquiries. Spears testified that an interviewer using the name of a person, the type of sexual act or a place the abuse occurred in the question "would be very dangerous."

Dutton also said that young children are more likely to acquiesce to a stranger asking leading questions than to their mothers asking leading questions. According to Spears, there is little research on child acquiescence and no research on whom specifically a child will correct.

But on prosecutor Dan Guzynski's cross-examination, Spears did admit that a delay in disclosure of sexual abuse says nothing about whether or not a crime was actually committed and, according to studies and a national database, 30 percent of sexual abuse cases do lack physical evidence.

Spears also testified on cross-examination that she has never gotten testimonial evidence from an interview with a 2-year-old and that just because nothing comes out of the interview doesn't mean the sexual abuse didn't occur.

Presiding District Court Judge Stewart Stadler allowed defense attorneys to put their expert witness on the stand out of the usual order because the trial is taking longer than scheduled and Spears has to leave town. The prosecution will resume their case today.

The trial, in which Farr is expected to testify, will most likely go until Wednesday of next week.

Farr, 37, is accused of molesting five boys between the ages of 2 and 4. If convicted of all five counts of felony sexual assault, he could be sentenced to life or up to 500 years in prison. The alleged assaults occurred between June 2004 and October 2005 while Farr was the administrator of Children's House Montessori School.

Reporter Nicholas Ledden can be reached at 758-4441 or by e-mail at nledden@dailyinterlake.com