Dueling experts debate child testimony

By NICHOLAS LEDDEN/Daily Inter Lake

Jurors heard competing testimony Wednesday from experts on the forensic interviewing of children as the trial for a man accused of molesting a now 10-year-old girl enters its fourth day today.

The defendant, 38-year-old Jason Lee Newberry, is expected to testify this morning.

On Wednesday, Newberry's attorney, Carolyn S. Gill, called an expert witness to testify about the workings of a child's memory and how suggestion or leading questions by investigators can taint a child's disclosure of alleged abuse.

Tascha Spears, a veteran forensic child interviewer, told the jury that questions must be structured to access certain parts of a child's memory.

"Your emphasis is on open-ended questions…" Spears said. "These are the type of questions that direct a child to free recall, meaning their own experiences."

Spears testified that a variety of other factors - including age, motivation, and the type of event - can influence a child's disclosure.

"Clearly one wants a child to describe what happened to them in their own words," Spears said. "Any type of leading or suggestive question is a question that is risky."

Deputy County Attorney Lori A. Adams called a second expert to defend the January forensic interview that Flathead County Sheriff's Office Detective Cmdr. Jeanne Landis conducted with the alleged victim.

"I would say that it's not her best interview I've ever seen," said Wendy Dutton, a veteran forensic child interviewer who conducts peer reviews for the Flathead County multidisciplinary team. "That being said, the type of questions that really lead to problematic interviews were not a part of Detective Landis's interview."

Gill has argued that the case ultimately would come down to the competing credibility of Newberry and his alleged victim, and the reliability of the alleged victim's interview with investigators plays an integral part in her believability.

Jurors have been shown the entire 40-minute video of Landis' interview with the alleged victim.

Newberry pleaded not guilty in April to one count of sexual intercourse without consent and one count of sexual assault, both felonies

Prosecutors allege Newberry inappropriately touched the girl and forced her to perform other sex acts. The molestation occurred from January 2002 to June 2007, beginning when the girl was 3, according to testimony.

Newberry has been incarcerated throughout the duration of his trial, which began Monday and is expected to go to the jury today.

If convicted on both counts, Newberry could face up to 200 years in prison and a $100,000 fine.

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