Danner v. Kentucky

Background

James Danner was prosecuted for raping and sodomizing his daughter. At trial the 15-year-old said she “just can’t be near him” but denied being afraid and did not rule out testifying with breaks. The trial judge allowed the witness to testify using electronic equipment away from the defendant, finding a “compelling need.” The Kentucky Supreme Court affirmed, and the U.S. Supreme Court declined to review the case.

Reasoning

The central question was whether allowing the daughter to testify out of the defendant’s presence violated the Sixth Amendment right to confront witnesses (the right to face your accuser). Justice Scalia, joined by Justice Thomas, wrote that the lower courts never addressed that constitutional right. He relied on Maryland v. Craig, which permits exceptions for very young, traumatized children, but argued Craig does not justify excluding a 15-year-old who was not rendered unable to speak and who even suggested she might testify with breaks. Scalia said the exception must be narrow and that this case did not meet it.

Real world impact

Because the Court refused to review the case, the conviction stands and the specific constitutional question remains unresolved by the high Court. Lower courts may continue to permit electronic or separated testimony in some child-abuse trials. Justice Scalia warned that expanding such exceptions weakens defendants’ ability to confront accusers and urged a narrow application of any exception.

Dissents or concurrances

Justice Scalia’s dissent (joined by Justice Thomas) argued Craig was wrongly decided in principle and that this case, involving a 15-year-old who was not mute with fear, did not justify departing from the confrontation right.