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Margaret “Maggie” Williams' Subject Files
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Withdrawal/Redaction Sheet
Clinton Library
DOCUMENT NO.
SUBJECT/TITLE
DATE
RESTRICTION
AND TYPE
001. resume
Curriculum Vitae of Dorothea S. McArthur, PhD (partial) (1 page)
n.d.
b(6)
002. letter
To Hillary Clinton from Erika Brockmann Quiroga - 8 U.S.C. 1202
03/1997
P3/b(3), b(6)
(f) (2 pages)
COLLECTION:
Clinton Presidential Records
First Lady's Office
Maggie Williams (Subject Files)
OA/Box Number: 12631
FOLDER TITLE:
Letters - No Response Necessary
2013-0359-S
ry1487
RESTRICTION CODES
Presidential Records Act - [44 U.S.C. 2204(a)]
Freedom of Information Act - 15 U.S.C. 552(b)]
P1 National Security Classified Information [(a)(1) of the PRA]
b(1) National security classified information |(b)(1) of the FOIA]
P2 Relating to the appointment to Federal office [(a)(2) of the PRA]
b(2) Release would disclose internal personnel rules and practices of
P3 Release would violate a Federal statute [(a)(3) of the PRA|
an agency |(b)(2) of the FOIA]
P4 Release would disclose trade secrets or confidential commercial or
b(3) Release would violate a Federal statute |(b)(3) of the FOIA]
financial information 1(a)(4) of the PRA]
b(4) Release would disclose trade secrets or confidential or financial
P5 Release would disclose confidential advice between the President
information [(b)(4) of the FOIA]
and his advisors, or between such advisors [a)(5) of the PRA]
b(6) Release would constitute a clearly unwarranted invasion of
P6 Release would constitute a clearly unwarranted invasion of
personal privacy [(b)(6) of the FOIA]
personal privacy |(a)(6) of the PRA]
b(7) Release would disclose information compiled for law enforcement
purposes |(b)(7) of the FOIA]
C. Closed in accordance with restrictions contained in donor's deed
b(8) Release would disclose information concerning the regulation of
of gift.
financial institutions |(b)(8) of the FOIA]
PRM. Personal record misfile defined in accordance with 44 U.S.C.
b(9) Release would disclose geological or geophysical information
2201(3).
concerning wells [(b)(9) of the FOIA]
RR. Document will be reviewed upon request.
Jewish Child Care Association
575 Lexington Avenue
NYC, NY 10022
212 371 1313
Fax 371 1275
NRN
/
fle
Ms. Melanne Verveer
Deputy Chief of Staff to the First Lady
The White House
Washington, DC
February 27, 1997
Dear Melanne Verveer:
We are delighted and proud that the First Lady has accepted our invitation to serve as
honorary chair of our Annual Dinner in this, our 175th anniversary year. I understand that
your office must see and approve any materials, including press releases, that include
mention of the First Lady's participation.
The date for the dinner is not yet set, beyond that it will take place in November and not
be on a Friday night. I am still holding onto the hope that Mrs. Clinton will find it possible
to fit the dinner into her schedule and am holding off setting an exact date for as long as
possible so we can remain flexible and adjust to her plans.
On a different note, I was fortunate to be invited to the White House for the
announcement of the President's adoption initiative, Adoption 2002, and to the
subsequent HHS-sponsored focus group. The report arrived this week and I found it
extraordinarily impressive. It is clearly organized, responsive and comprehensive. My
particular issue, post-adoption services to families, was not covered, but I understand that
it was technically beyond the scope of the report, and I feel confident that the voices of
those of us calling for such services were heard.
The Chairman of our Board of Trustees, Irwin U. Goldberg, and our Executive Vice
President, Paul Gitelson, join me in thanking you for your help so far and your offer of
further assistance.
Sincerely yours,
Barowitz
Director of Communications
No. 89-478
IN THE
Supreme Court of the United States
OCTOBER TERM, 1989
STATE OF MARYLAND,
Petitioner,
V.
SANDRA ANN CRAIG,
Respondent.
On Writ of Certiorari To The Court Of Appeals Of Maryland
Brief of Amicus Curiae On Behalf of the National
Association of Counsel for Children; The National Court
Appointed Special Advocate Association; The State Of
Alaska, Office of Public Advocacy; and The State of
Rhode Island, Office of The Child Advocate In Support
of Petitioner
LAURA FREEMAN MICHAELS
JACQUELINE Y. PARKER*
NATIONAL ASSOCIATION
PARKER, COULTER,
OF COUNSEL FOR CHILDREN
DALEY & WHITE
1205 Oneida Street
One Beacon Street
Denver, Colorado 80220
Boston, MA 02108
(617) 720-6212
THOMAS R. FINN
PHILIP J. MCCARTHY, JR.
STATE OF RHODE ISLAND,
STATE OF ALASKA, OFFICE
OFFICE OF THE
OF PUBLIC ADVOCACY
CHILD ADVOCATE
900 W. 5th Ave., Suite 525
200 W. Exchange St. #200
Anchorage, Alaska 99501
Providence, RI 02903
NATIONAL COURT APPOINTED
SPECIAL ADVOCATE
ASSOCIATION
2722 Eastlake Ave. E.,
Suite 220
Seattle, Washington 98102
*Counsel of record
PRESS OF BYRON S. ADAMS. WASHINGTON, D.C. (202) 347-8203
Question Presented
Where individualized findings regarding the need to
protect child witnesses are made and the witnesses,
age four to seven, are subjected to cross examination
at trial, does the Sixth Amendment's Confrontation
Clause require a face-to-face meeting between the wit-
nesses and the accused before a one-way closed-circuit
television procedure may be utilized?
ii
iii
TABLE OF CONTENTS
(a) A State May Curtail Face-to-Face
Confrontation Upon a Showing that
a Child Would Endure Severe
Page
Trauma In Testifying Effectively
17
QUESTION PRESENTED
i
(b) A State May Curtail Face-to-Face
TABLE OF CONTENTS
ii,iii
Confrontation When It Would Un-
dermine the Trustworthiness of the
TABLE OF AUTHORITIES
iv
Child's Testimony
20
INTEREST OF AMICIS CURIAE
1
(c) The Accused's Threat to the Child
SUMMARY OF THE ARGUMENT
2
Witness Represents a Forfeiture or
Waiver of the Right to Face-to-
ARGUMENT
4
Face Confrontation
24
I. The Court of Appeals of Maryland Erred In
2. A Trauma Induced Inability to Testify
Ruling That A Young Child Must Suffer A
Face-to-Face With the Accused Con-
Face-to-Face Confrontation With The Ac-
stitutes Unavailability for Confronta-
cused In Order To Demonstrate Such "Se-
tion Clause Purposes
26
vere Emotional Distress" That She Cannot
Reasonably Communicate As A Prerequisite
CONCLUSION
30
To Utilization of Maryland's Statutory Pro-
APPENDIX
cedure For Taking Testimony Via One-Way
la
Closed Circuit Television
4
Provisions For Use of Closed Circuit Television,
A. The Public Policy of Protecting Children
One-Way Screens or Two-Way Mirrors
Constitutes a Compelling Government In-
la
terest and the Practice of Making Accom-
Provisions For Use of Videotaped Testimony
2a
modations for Child Witnesses Is "Firmly
Rooted" In Our Jurisprudence
6
B. A Court May Base Its Finding of Neces-
sity For the Use of Closed Circuit Tele-
vision On Expert Testimony That A Child
Witness' "Severe Emotional Distress"
Renders Her Unable To Communicate
Face-to-Face With The Accused
10
C. The Statutory Condition that a Child Be
Found Unable to Reasonably Communi-
cate Satisfies the Unavailability Require-
ment if such a Requirement Is Imposed by
this Court
16
1. The Confrontation Clause Does Not De-
mand a Showing of a Child's Unavaila-
bility as a Precondition to the Admission
of Testimony Taken By Closed Circuit
Television and Subjected to Contempor-
aneous Cross-Examination
16
iv
>
TABLE OF AUTHORITIES
Table of Authorities Continued
Page
Page
Cases:
Globe Newspaper Co. V. Superior Court, 457 U.S.
Baker V. State, 47 So.2d 728 (Fla. 1950)
7
596 (1982)
6
Haggins V. Warden, 715 F.2d 1050 (6th Cir. 1983),
Black V. Woods, 651 F.2d 528 (8th Cir.), cert. de-
cert. denied, 464 U.S. 1071 (1984)
26
nied, 454 U.S. 847 (1981)
24
Hayes V. State, 152 Ga. App. 858, 264 S.E. 2d 307
Boykin V. Alabama, 395 U.S. 238 (1969)
24
(1980)
7
Brady V. State, 540 N.W. 2d 59 (Ind. App.
Illinois V. Allen, 397 U.S. 337 (1970)
24
17,18,19
1989)
In re J.D.S., 436 N.W.2d 342 (Iowa 1989)
18
Commonwealth V. Amirault, 404 Mass. 221, 535
19
Johnson V. People, 152 Colo. 586, 384 P.2d 454
N.E. 2d 193 (1989)
(1963), cert. denied, 376 U.S. 922 (1964)
29
Commonwealth V. Ludwig, 366 Pa. Super 361, 531
A.2d 459 (Pa. Super. 1987), app. gr., 518 Pa.
Kentucky V. Stincer, 482 U.S. 730 (1987)
15,20
617, 541 A.2d 744 (1988)
20
Lamb V. State, 560 P.2d 583 (Okla. Crim. 1977)
27
Commonwealth V. Rockwood, 27 Mass. App. Ct.
Mackie V. State, 138 Miss. 740, 103 So. 379
1137, 538 N.E.2d 40 (1989)
8
(1925)
7
Commonwealth V. Stasko, 471 Pa. 373, 370 A.2d
Mancusi V. Stubbs, 408 U.S. 204 (1972)
27
28
350 (1977)
Mattox V. United States, 156 U.S. 237 (1895)
26
Coy V. Iowa, 487 U.S. , 108 S.Ct. 2798
4,5,6,13,18,20,22
Morgan V. Foretich, 846 F.2d 941 (4th Cir.
(1988)
1988)
17
Craig V. State, 76 Md. App. 250, 544 A.2d 784
18
New York V. Ferber, 458 U.S. 747 (1982)
6
(1988)
Ohio V. Roberts, 448 U.S. 56 (1980)
20,26
Craig V. State, 316 Md. 551, 560 A.2d 1120 (Md.
1989), cert. gr., 107 L.Ed.830 (1990)
5,30
Ortiz V. State, 188 Ga. App. 532, 374 S.E. 2d 92
17
(1988)
20
Douglas V. Alabama, 380 U.S. 415 (1965)
20,26
People V. Behm, 49 III. App. 3d 574, 364 N.E. 2d
Dutton V. Evans, 400 U.S. 74 (1970)
636 (1977), cert. denied, 434 U.S. 1077
Ginsberg V. New York, 390 U.S. 629 (1968)
6
(1978)
27
Glendening V. State, 536 So.2d 212 (Fla. 1988), cert.
People V. Contreras, 57 Cal. App. 3d 816, 129 Cal.
denied, 109 S.Ct. 3219 (1989)
7,17
Rptr. 397 (1976)
27
Glisson V State, 188 Ga. App. 152, 372 S.E. 2d 462
People V. Fink, 37 Colo. App. 512, 552 P.2d 529
25
(1988)
(1976), rev'd, 194 Colo. 516, 574 P.2d 81
Globe Newspaper Co. V. Superior Court, 379 Mass.
(1978)
27
846, 401 N.E. 2d 360 (1980)
11,12
People V. Gomez, 26 Cal. App. 3d 225, 103 Cal.
Rptr. 80 (1972)
27
Globe Newspaper Co. V. Superior Court, 383 Mass.
838, 423 N.E.2d 773 (1981), rev'd, 457 U.S.
People V. Kahan, 15 N.Y. 2d 311, 206 N.E. 2d 333,
12
258 N.Y.S. 2d 391 (1965)
7
596 (1982)
vi
vii
Table of Authorities Continued
Table of Authorities Continued
Page
Page
People V. Pickett, 339 Mich. 294, 63 N.W. 2d 681
State V. Roy, 214 Neb. 204, 333 N.W. 2d 398
(1954), cert. denied, 349 U.S. 937 (1955)
29
(1983)
16
People V. Rojas, 44 Cal. App. 3d 978, 119 Cal. Rptr.
State V. Sheppard, 197 N.J. Super. 411, 484 A.2d
27
144 (1975)
1330 (1984)
21,23,24
People V. Stritzinger, 34 Cal. 3d 505, 194 Cal. Rptr.
State V. Sorenson, 143 Wis. 2d 226, 421 N.W. 2d
431, 668 P.2d 738 (1983)
15
77 (1988)
17
People V. Wade, 181 Cal. App. 2d 314, 5 Cal. Rptr.
State V. Tafoya, 108 N.M. 1, 765 P.2d 1183 (1988),
9
cert. denied, 109 S. Ct. 1572 (1989)
23
63 (1960)
Phillips V. Wyrick, 558 F.2d 489 (8th Cir. 1977),
State V. Taylor, 562 A.2d 445 (R.I. 1989)
29
cert. denied, 434 U.S. 1088 (1978)
27
State V. Thomas, 150 Wis. 2d 374, 442 N.W. 2d
Prince V. Massachusetts, 321 U.S. 158 (1944)
6
10, cert. denied, 110 S.Ct. 188 (1989)
18
Setliff V. Commonwealth, 162 Va. 805, 173 S.E. 517
State V. Thomas, 110 Ariz. 120, 515 P.2d 865
28
(1973)
27
(1934)
State V. Albert, 13 Kan. App. 2d 671, 778 P.2d 386
State V. Twist, 528 A.2d 1250 (Me. 1987)
29
(1989)
18,19
State V. Vincent, 159 Ariz. 418, 768 P.2d 150
State V. Bonello, 210 Conn. 51, 554 A.2d 277, cert.
(1989)
29
denied, 109 S. Ct. 2103 (1989)
20,23
State V. Wise, 101 Ariz. 315, 419 P.2d 342
State V. Chisholm, 245 Kan. 145, 777 P.2d 753
(1966)
7
18
(1989)
United States V. Balano, 618 F.2d 624 (10th Cir.
State V. Conklin, 444 N.W. 2d 268 (Minn. 1989) 17,29
1979), cert. denied, 449 U.S. 840 (1980)
24
State V. Eaton, 244 Kan. 370, 769 P.2d 1157
United States V. Brasco, 516 F.2d 816 (2d Cir.),
18
cert. denied, 423 U.S. 860 (1975)
27
(1989)
State V. Gilbert, 109 Wis. 2d 501, 326 N.W. 2d 744
United States V. Carlson, 547 F.2d 1346 (8th Cir.
7
1976), cert. denied, 431 U.S. 914 (1977)
24,26
(1982)
State V. Hoversten, 437 N.W. 2d 240 (Iowa), cert.
United States V. Inadi, 475 U.S. 387 (1986)
19,26
denied, 110 S.Ct. 212 (1989)
18
United States V. Iron Shell, 633 F.2d 77 (8th Cir.
State V. Hummel, 132 N.J. Super 412, 334 A.2d 52,
1980), cert. denied, 450 U.S. 1001 (1981)
8,28
certif. denied, 67 N.J. 102, 335 A.2d 54
United States V. King, 552 F.2d 833 (9th Cir. 1976),
9
(1975)
cert. denied, 430 U.S. 966 (1977)
28
State V. Jarzbek, 204 Conn. 683, 529 A.2d 1245
United States V. Mastrangelo, 693 F.2d 269 (2d Cir.
(1987), cert. denied, 484 U.S. 1061 (1988)
7,23,24
1982), cert. denied, 467 U.S. 1204 (1984)
24
State V. Kuone, 243 Kan. 218, 757 P.2d 289
United States V. Nick, 604 F.2d 1199 (9th Cir.
17
1979)
28
(1988)
State V. Robinson, 153 Ariz. 191, 735 P. 2d 801
United States V. Peacock, 654 F.2d 339 (5th Cir.
17
1981), cert. denied, 464 U.S. 965 (1983)
26
(1987)
ix
viii
Table of Authorities Continued
Table of Authorities Continued
Page
Page
United States V. Rossbach, 701 F.2d 713 (8th Cir.
B. Dziech & C. Schudson, On Trial America's
8
Courts and Their Treatment of Sexually Abused
1983)
Children (1989)
10,11,19,22
United States V. Thevis, 665 F.2d 616 (5th Cir.),
cert. denied, 459 U.S. 825 (1982)
24
Hill and Hill, "Videotaping Children's Testi-
mony An Empirical View," 85 Mich. L. Rev.
Warren V. United States, 436 A.2d 821 (D.C. App.
809 (1987)
22
14
1981)
L. Holmstrom & A. Burgess, The Victim of
Wildermuth V. State, 310 Md. 496, 530 A.2d 275
Rape (1978)
13
23
(1987)
S. Katz & M. Mazur, Understanding the Rape
Victim (1979)
10
Williams V. Melton, 733 F.2d 1492 (11th Cir. 1981),
cert. denied, 469 U.S. 1073 (1984)
26
Landis, "Experiences of 500 Children with
Adult Sexual Deviation," 30 Psychiatric Q.
Williams V. Oklahoma, 358 U.S. 576 (1959)
24
Supp. 91 (1956)
11
Libai, "The Protection of the Child Victim of
Rules and Statutes
a Sexual Offense in the Criminal Justice Sys-
Section 9-102 of the Courts and Judicial Pro-
tem," 15 Wayne L. Rev. 977 (1969)
12
ceedings Article of the Annotated Code of Mary-
J. MacDonald, Rape Offenders and Their Vic-
land (1984 Repl. Vol., 1988 Cum. Supp.)
9
tims (1971)
13
Fed. R. Crim. P. 15, 18 U.S.C. $3503
T. McCahill, L. Meyer & A. Fischman, The
28
Aftermath of Rape (1979)
13
(1976)
Fed. R. Evid. 611(c), Advisory Committee's
Melton, "Children's Competency to Testify," 5
Note
8
Law and Human Behavior (1981)
18
Melton, "Children's Testimony in Cases of Al-
Fed. R. Evid. 804, Advisory Committee's
leged Sexual Abuse," 8 Advances Dev. & Be-
Note
29
hav. Pediatrics (1987)
11
J. Myers, Child Witness Law and Practice
Other Authorities
(1987)
7,8,15
Collins, "Studies Find Sexual Abuse of Children
National Center on Child Abuse and Neglect,
Is Widespread," N.Y. Times, May 13, 1982
11
"Child Sex Abuse: Incest, Assault and Sexual
Exploitation" (1981)
11
Comment, "LB90 and the Confrontation
Clause: The Use of Videotaped and In Camera
Parker, "The Rights of Child Witnesses: Is the
Testimony in Criminal Trials to Accommodate
Court a Protector or Perpetrator," 17 New
Child Witnesses," 68 Neb. L. Rev. 372
England L. Rev. 643 (1982)
7
(1989)
15
Peters, Social Psychiatric A. 128th Annual
DeFrancis, "Protecting the Child Victim of Sex
Meeting (May 7, 1975), as reprinted in S. Katz
Crimes Committed by Adults," 35 Fed. Prob.
& M. Mazur, Understanding the Rape Victim
15 (Sept. 1971)
10
190 (1979)
10
x
Interest of Amici Curiae
Table of Authorities Continued
Page
The National Association of Counsel for Children (NACC)
Ward, "The Child as Witness," 4 Family Ad-
is a voluntary, national membership organization concerned
18
vocate 14 (Sept. 1982)
with the rights and interests of children who are the sub-
D. Whitcomb, E. Shapiro and L. Stellwang,
jects of child protective, matrimonial, and custody litiga-
"When the Victim Is A Child; Issues for Judges
tion. Established in 1977, the association has over 1,100
and Prosecutors," National Institute of Justice
members in 50 states. Membership is predominantly law-
14
17 (1985)
yers and judges, but also includes pediatricians, social
workers, child psychiatrists and psychologists, law enforce-
ment officers, and private citizens. The association issues
standards and guidelines on the representation of children,
holds seminars on legal proceedings affecting children, pre-
pares training and resource materials, and publishes a
quarterly newsletter, "The Guardian".
The National Court Appointed Special Advocate Asso-
ciation (NCASAA) is a nonprofit member organization
which advocates for the best interest of abused and ne-
glected children, and supports the development, growth
and continuation of programs which recruit and train vol-
unteers to serve as advocates for children in juvenile de-
pendency proceedings. Presently there are 377 Court
Appointed Special Advocate (CASA) programs in 47 states
in this country. The CASA concept has been endorsed by
the National Council of Juvenile and Family Court Judges,
the American Bar Association, the United States Depart-
ment of Justice, and many other private and public or-
ganizations.
The State of Alaska, Office of Public Advocacy (OPA),
is the state agency which has been designated by the
Alaska State Legislature to provide legal representation
for children as counsel and/or guardian ad litem in child
abuse and neglect cases, child custody proceedings, and in
criminal matters regarding the protection of child wit-
nesses.
The State of Rhode Island, Office of the Child Advocate
(OCA) is the state agency designated by the Rhode Island
General Assembly to protect the legal, civil and special
2
3
rights of abused and neglected children in state care and
report sexual abuse than are adults. Because authorities
agree that young children are less likely to report abuse
in day care settings.
The interest of NACC, NCASAA, OCA, and OPA, who
and that even if reported the chance of successful pros-
submit this brief as amici curiae with the consent of the
ecution is remote, an individualized finding of inability to
parties, goes beyond a generalized concern over the legal
reasonably communicate based on expert testimony is a
rights of children. The members of NACC, NCASAA, OCA,
sufficient showing of necessity for utilization of closed cir-
and OPA are involved in representing children throughout
cuit television. (pp. 10-16).
our country. Because we believe the case below was
Closed-circuit television testimony is reliable, subject to
wrongly decided, and because it involves important ques-
contemporaneous cross-examination, and allows the fact-
tions of law which have not been, but should be, settled
finder to view the demeanor of the witness. The totality
by this Court, and because the interests of children are
of the circumstances surrounding the testimony determines
directly and adversely affected by this decision, we join
reliability; unavailability speaks only to necessity. Many
the Petitioner in urging the Court to reverse the Maryland
cases have stated that the Confrontation Clause is not
court's holding that face-to-face confrontation is a prereq-
violated where the statements admitted into evidence have
uisite to utilizing the one-way closed circuit television pro-
sufficient indicia of reliability to afford the trier of fact a
cedure of Section 9-102.
satisfactory basis for evaluating the truth of the statement.
(pp. 16-17.)
Summary Of The Argument
A substantial number of pre- and post-Coy state court
The Court of Appeals of Maryland erred in interpreting
decisions hold that confrontation can be curtailed after a
Coy V. Iowa, 487 U.S. , 108 S. Ct. 2798 (1988) so as
sufficient showing of trauma. This showing is somewhat
to require that a young child exhibit "severe emotional
less than that trauma which would render the child psy-
distress" from a confrontation with the defendant prior
chologically unavailable. In order to protect child witnesses
to utilization of Maryland's statutory procedure for taking
it is necessary that face-to-face confrontation be curtailed
testimony via one-way closed circuit television. (pp. 4-6).
upon a showing that a child cannot testify without sig-
Although the specific statutory exception created by the
nificant emotional or physical trauma. Such findings should
Maryland statute is not "firmly rooted" in our jurisprud-
not normally require a preliminary face-to-face confron-
ence, the strong policy of protecting children is "firmly
tation demonstrating the very trauma the process is meant
rooted". This Court has long characterized as compelling
to obviate. (pp. 17-19).
the state's interest in protecting children from harm.
Many authorities opine that avoiding a face-to-face con-
Moreover, common law accommodations for young child
frontation between the child and the accused enhances the
witnesses date back to at least 1901 and include a wide
truthfulness of the child's testimony, so that the use of
variety of accommodations including 1) use of the res ges-
protective measures can actually further the purpose be-
tae, fresh complaint, and spontaneous declaration hearsay
hind the Confrontation Clause. Amici request that this
exceptions, 2) restrictions on pre-trial interviews, and
Court, in upholding the Maryland statute, articulate Con-
3) use of leading questions. (pp. 6-9).
frontation Clause principles which validate dispensing with
Empirical research indicates that testifying in the same
face-to-face confrontation upon a showing that it would
manner as an adult is associated with increased behavioral
enhance the truthfinding process. Such findings should not
disturbance in children and that children are less likely to
normally require a preliminary face-to-face confrontation
4
5
to demonstrate the distortion of the truthfinding process.
taking statutory procedure protective of vulnerable, abused
(pp. 20-23).
young children based on its mistaken belief that expert
Where a defendant has promised severe retribution for
opinion that the children would be traumatized was an
answering questions about what the defendant did to the
insufficient justification for utilizing one-way closed circuit
child, these threats constitute a forfeiture or waiver of the
television. If the Maryland Court's procedure is upheld by
defendant's right to face-to-face confrontation when a child
this Court, then a young child must be first subjected to
could effectively testify face-to-face with the accused but
a face-to-face confrontation with the alleged abuser and
only with experiencing severe fear associated with the
exhibit "severe emotional distress" as well as inability to
threatening behavior. (pp. 24-26).
"reasonably communicate" during this confrontation. See
Craig V. State, 316 Md. 551, , 560 A.2d 1120, 1127-
Unavailability pertains to necessity and therefore is not
1128 (1989), cert gr., 107 L. Ed. 2d 830 (1990).
required for admissibility of testimony when, as under Sec-
tion 9-102, there is contemporaneous cross-examination and
Then the child must be re-tested to see if he or she is
sufficient indicia of reliability. If this Court determines that
capable of testifying via two-way television. Only if the
unavailability must be shown, the Court should not give
victim proves to be demonstrably unable to proceed using
unavailability the strictest literal meaning, but rather it
two-way television may the child finally be permitted to
should equate unavailability with inability to testify be-
testify by closed circuit television as provided for in the
cause of suffering significant psychological or physical
Maryland statute. 560 A.2d at 1128.
harm. There is much precedent for expanding unavaila-
In all likelihood, however, after being twice traumatized,
bility to include psychological unavailability. (pp. 26-30).
the child will be permanently rendered incapable of tes-
The Amici's interest extends beyond that of the Attorney
tifying before the one-way closed circuit procedure could
General of Maryland who seeks to have the Supreme Court
ever be utilized. Thus, the Maryland Court of Appeals has
uphold as constitutional the Maryland statute here in-
mandated a procedure which not only defeats the impor-
volved. The Amici seek an articulation of Confrontation
tant public policy considerations of the Maryland statute,
Clause principles which would permit, or leave for review
i.e. protection of the child witness from trauma, but also
until another day, numerous variations on the Maryland
which is likely to cause that testimony to be lost perma-
nently.
statute which have been enacted by other state legisla-
tures. (See Appendix).
Although the court below was correct in concluding that
individualized findings of necessity satisfy the Sixth
Argument
Amendment, the court demanded far more than what is
I. The Court of Appeals of Maryland Erred In Ruling That
necessary in concluding that these individualized findings
A Young Child Must Suffer a Face-to-Face Confrontation
could not be based on expert and lay testimony other than
With The Accused In Order to Demonstrate such "Severe
the child's own testimony taken face-to-face with the al-
Emotional Distress" That She Cannot Reasonably Com-
leged abuser.
municate as a Prerequisite to Utilization of Maryland's
The United States Supreme Court in Coy V. Iowa, 487
Statutory Procedure For Taking Testimony Via One-Way
Closed Circuit Television.
U.S. , 108 S.Ct. 2798, 2803 (1988) invalidated the use
of a screen between the child witness and the defendant
Relying on Coy V. Iowa, 487 U.S. , 108 S.Ct. 2798
during trial but left "for another day" the question whether
(1988), the Maryland court below invalidated a testimony
any exception to face-to-face confrontation should be made
7
6
on public policy grounds. Justices O'Connor and White,
The highest courts of the states are in accord. E.g.,
concurring made it clear that "a case-specific finding of
State V. Jarzbek, 204 Conn. 683, 700-703, 529 A.2d 1245,
necessity" would pass constitutional muster, stressed that
1253-54 (1987), cert. denied, 484 U.S. 1061 (1988); People
the right to face-to-face confrontation is not absolute but
V. Kahan, 15 N.Y.2d 311, 312, 206 N.E.2d 333, 334, 258
only a "preference", and indicated that the majority de-
N.Y.S.2d 391, 392 (1965) (Field, J., concurring) (charac-
cision did not "necessarily doom" efforts by state legis-
terizing society's interest in welfare of children as "tran-
latures to protect child witnesses. 487 U.S. at , 108
scendent"); State V. Gilbert, 109 Wis. 2d 501, 326 N.W.2d
S.Ct. at 2803-2805. Justice Blackmun and Chief Justice
744, 750 (1982) ("Society's increasing awareness of the
Rehnquist, dissenting and approving the screened testi-
needs of victim-witnesses in the criminal justice system
mony taking, noted that "as the many rules allowing the
has coincided with society's increased awareness of and
admission of out-of-court statements demonstrate, legis-
growing concern about incest and child abuse, crimes that
lative exceptions to the Confrontation Clause of general
particularly affect children. The legal system must be ex-
applicability are commonplace." 487 U.S. at , 108 S.Ct.
amined to determine the traumatic effects the system may
have on children who take the witness stand."); Glendening
at 2809.
V. State, 536 So.2d 212, 218 (Fla. 1988), cert. denied, 109
If the Supreme Court upholds the Maryland decision it
S.Ct. 3219 (1989) the protection of a child witness
would doom efforts of the Maryland legislature and the
from the trauma of testifying in open court in the presence
efforts of numerous other state legislatures to protect child
of the defendant, when it is demonstrated that there is
witnesses.
substantial likelihood that such trauma would result, is a
A. The Public Policy of Protecting Children Consti-
public policy of such importance as to justify a trial pro-
tutes A Compelling Government Interest and the
cedure that calls for something other than face-to-face con-
Practice of Making Accommodations for Child
frontation.")
Witnesses Is "Firmly Rooted" In Our Jurisprud-
Common law accommodations for young child witnesses
date back to at least 1901. See Parker, "The Rights of
ence.
Child Witnesses: Is the Court a Protector or Perpetrator,"
Despite the relatively recent vintage of state statutes
17 New England L. Rev. 643, 674-677 (1982); and J. Myers,
promulgated to protect child witnesses, see Coy, 108 S.Ct.
Child Witness Law and Practice §§ 5:31-5:37 (1987).
at 2803, the policies underlying these statutes of child
protection and accommodation for child witnesses are
One way in which the common law has long accom-
"firmly rooted" in our jurisprudence. This Court has long
modated child witnesses is by restrictions on pre-trial in-
characterized the state's interest in protecting children
terviews. See, e.g., Hayes V. State, 152 Ga.App. 858, 264
from harm as a compelling interest. See, e.g., New York
S.E.2d 307 (1980) (9-year old victim of child molestation);
V. Ferber, 458 U.S. 747, 757 (1982) ("The prevention of
Baker V. State, 47 So.2d 728 (Fla. 1950) (in certain in-
sexual exploitation and abuse of children constitutes a gov-
stances limits on interviews are subject to a proper ex-
ernment objective of surpassing importance"); Globe News-
ercise of judicial discretion reposed in the trial judge); State
paper Co. V. Superior Court, 457 U.S. 596, 607 (1982)
V. Wise, 101 Ariz. 315, , 419 P.2d 342, 344 (1966) (rape
("[S]afeguarding the physical and psychological well-being
of a 10-year old child is among the "exceptional circum-
of a minor" is indeed a compelling state interest); Ginsberg
stances [in which] counsel should be barred from inter-
V. New York, 390 U.S. 629 (1968); and Prince V. Massa-
viewing a witness"); Mackie V. State, 138 Miss. 740, 103
chusetts, 321 U.S. 158 (1944).
So. 379 (1925) (children aged seven, nine, eleven and fif-
8
9
teen who had witnessed defendant kill their mother spared
after the sexual assault is well within the court's dis-
pre-trial interviews).
cretion. See Commonwealth V. Comtois, 399 Mass. 668,
There are numerous other ways in which accommoda-
672-673 N.9, 506 N.E. 2d 503 (1987) (nine-month-old
tions for child witnesses are "firmly rooted" in our jur-
complaint); Commonwealth v. Amirault, 404 Mass. 221,
isprudence, such as, the allowance of the use of leading
228-229, 535 N.E. 2d 193 (1989) (eighteen-month-old
questions when a child is testifying. The Advisory Com-
complaint)." Id. at 1139-1140, 538 N.E.2d at 42 (some
mittee on the Federal Rules of Evidence expressly noted
citations omitted).
the propriety of leading questions with "the child witness
or the adult with communication problems." Fed. R. Evid.
Accord People V. Wade, 181 Cal. App. 2d 314, 315-316, 5
611(c), Advisory Committee's Note. Many cases approve
Cal. Rptr. 63, 64 (1960) ("general rule that evidence of a
leading questions during direct examination of children.
complaint made is inadmissible under the hearsay rule un-
See, e.g., United States V. Rossbach, 701 F.2d 713, 718 (8th
less the alleged victim has testified to the acts which oc-
Cir. 1983); United States V. Iron Shell, 633 F.2d 77, 92
casioned the complaint, inapplicable when the victim is too
(8th Cir. 1980), cert. denied, 450 U.S. 1001 (1981); J. Myers,
young to be a competent witness"); State V. Hummel, 132
Child Witness Law and Practice § 4.6, at 130 n.16 (1987)
N.J. Super. 412, 334 A.2d 52, certif. denied, 67 N.J. 102,
(collecting cases).
335 A.2d 54 (1975) (statement admitted under "fresh com-
The policies underlying Maryland's one-way closed cir-
plaint rule" even though three years had elapsed since
cuit television statute are at least as "firmly rooted" as
rape).
the res gestae hearsay exception, which is often utilized as
a way of obtaining a young child's testimony without hav-
Section 9-102 of the Courts and Judicial Proceedings
ing to place the child on the witness stand. A good recent
Article of the Annotated Code of Maryland (1984 Repl.
example is Commonwealth V. Rockwood, 27 Mass. App. Ct.
Vol., 1988 Cum. Supp.) provides for the utilization of a
1137, 538 N.E.2d 40 (1989) in which a mother
closed circuit television procedure only if:
"Had brought the child to a therapist, Linda Simon.
"The judge determines that testimony by the child
Within a month or so of resumption of therapy in
victim in the courtroom will result in the child suf-
November, 1986, the child began to relate that she
fering serious emotional distress such that the child
and her father slept in the same bed during the over-
cannot reasonably communicate."
night visits. On at least one occasion, he had placed
his hand on the child's 'private' and prompted her to
'please touch my dick.' The victim also described the
Clearly, this legislation provides greater protection to
molestation to Jane Zundell of the Norfolk District
the accused than does the current caselaw on fresh com-
Attorney's sexual assault unit." Id. at 1138, 538
plaint discussed above which, unlike Section 9-102, has no
N.E.2d at 41.
requirement of a specific finding of "serious emotional
distress such that the child cannot reasonably communi-
The Court held that:
cate" and does not provide for cross-examination. In short,
"The judge properly allowed Simon and Zundell to
the government's interest in protecting children is com-
give fresh complaint testimony. Reception in evidence
pelling and solicitude for child witnesses is firmly rooted
in our jurisprudence.
of the child's complaints made four to six months
10
11
B. A Court May Base Its Finding of Necessity For
the chance of a successful prosecution² is remote. The
the Use of Closed Circuit Television On Expert
plight of a child rape or sexual assault victim has been
Testimony That A Child Witness' "Severe Emo-
described by The Supreme Judicial Court of Massachusetts
tional Distress" Renders Her Unable to Commu-
in Globe Newspaper Co. V. Superior Court, 379 Mass. 846,
nicate Face-to-Face With the Accused.
401 N.E.2d 360 (1980):
It is well-established that if one were to write a hand-
drome.' Id. at 3.
book for perpetrators of sexual assaults, the first tenet
would be to only attack young children because they are
Sexual abuse is under-reported. Melton, "Children's Testimony in Cases
much less likely to report¹ the assault and even if reported
of Alleged Sexual Abuse", 8 Advances Der. & Behav. Pediatrics 181-
183 (1987).
I It is estimated that the actual incidence of sexual abuse is two to
According to the Federal Bureau of Investigation "only one in five of
fifty times higher than the 100,000 cases reported each year, largely
all sexual assaults are reported, and where children are involved. in-
because of the trauma of pre-trial and trial procedures for the com-
cidents are usually reported only when hospitals, schools or social agen-
plaining-witness. De Francis, "Protecting the Child Victim of Sex Crimes
cies become involved." Collins, "Studies Find Sexual Abuse of Children
Committed by Adults," 35 Fed. Prob. 15, 17 (Sept. 1971). A younger
Is Widespread," N.Y. Times, May 13, 1982, at C1, Col. 1, C10, Col.
1.
child is even more likely to delay in reporting the assault than is an
older victim. Peters, Social Psychiatric A. 128th Annual Meeting (May
In short, statistics on reported cases of sexual assault understate the
7, 1975. as reprinted in S. Katz & M. Mazur, Understanding the Rape
problem. Either the child does not report the incident, see National
Victim 190, 245 (1979).
Center on Child Abuse and Neglect. "Child Sex Abuse: Incest, Assault
"The American Humane Association's latest figures, which are from
and Sexual Exploitation" (1981); Landis, "Experiences of 500 Children
1984. indicate that 200,000 cases of child sexual abuse were reported
with Adult Sexual Deviation," 30 Psychiatric Q. Supp. 91. 99 (1956).
that year." B. Dziech & C. Schudson, On Trial America's Courts And
or the parents refuse to go to the authorities, see Collins, "Studies
Their Treatment of Sexually Abused Children 1 (1989).
Find Sexual Abuse of Children Is Widespread," N.Y. Times, May 13,
1982, at C10, Cols. 5-6.
"The point on which experts agree is that child sexual abuse is one
of the most underreported of all crimes. Fewer than half of the
2 At least one study has reported that less than one percent of the
respondents to the Los Angeles Times poll told a close friend or relative
offenders are ever imprisoned. N.Y. Times, May 13, 1982, at C10, Col.
about their victimization within a year, and only 3 percent reported
5. That study compared the number of offenses committed by patients
the incident to legal authorities or public agencies. This statistic is
in a sexual behavior clinic. It concluded that in only 1 of 250 cases
similar to Russell's findings that only 2 percent of intrafamilial and 6
was the molester imprisoned. Id.
percent of the extrafamilial incidents were reported to the police." Id.
Only 50% of the sex offenders (238 men) in the Sexual Behavior Clinic
at 2.
at the New York State Psychiatric Institute had ever spent time in
"Victims themselves unknowingly aid in society's denial. Most disclose
jail. These men had committed a total of 16,666 acts of child moles-
the incidents slowly and reluctantly over a period of weeks, months,
tation, an average of 68.3 molestations per offender. N.Y. Times, May
or even years. Some live all of their lives without admitting to anyone
13, 1982, at C1, Col. 1, C10, Col. 1.
what happened to them. Of former victims responding to the Times
"Comfortable in its ignorance, the public can avoid the challenge of
poll, 42 percent replied they told someone within a year, 21 percent
Suzanne Sgroi, whose Handbook of Clinical Intervention in Child Sexual
said they waited more than a year, and 36 percent reported that they
Abuse is a classic in its field. Sgroi reminds us that 'we tolerate sexual
had told no one until asked by the interviewer. This response is in-
abuse of children in our society because we continue to process cases
dicative of the process that psychiatrist Roland Summit, after thousands
through an adversary system that is overwhelmingly weighted against
of first-hand observations and consultations with professionals dealing
the child victim at virtually every level.' B. Dziech & C. Schudson,
with victims, described as the 'child sexual abuse accommodation syn-
On Trial America's Courts And Their Treatment of Sexually Abused
Children 5-6 (1989).
12
13
"The rape victim's ordeal in court has been well doc-
to protect their children from courtroom trauma.³ J.
umented. It has been said that '[t]he court experience,
MacDonald, Rape Offenders and Their Victims at 128
for the rape victim, precipitates as much of a psy-
(1971).
chological crisis as the rape itself.' In fact, the victim
may feel that she has been raped twice: once by the
"[A]lthough research in this area is still in its early
defendant and once by the criminal justice system. A
stage, studies of children who have testified in court
rape victim who anticipates humiliation or embar-
indicate that such testimony is associated with in-
rassment may choose not to come forward at all, or,
creased behavioral disturbance in children." Coy, 487
U.S.
at
if she comes forward, may abandon her participation
, 108 S.Ct. at 2808 (citation omitted).
midway through the case. Even if she continues to
If the prosecutor does decide to go ahead with the case,
participate in the criminal process, she may become
the victim usually must testify at a preliminary hearing,
so distressed that she cannot testify effectively.
which can take a serious emotional toll on a child. The
victim is often frightened at having to face the assailant
This is especially true for the child victim of rape."
again, and may be embarrassed when required to repeat
Id. at 858-859, 401 N.E. 2d at 368-369 (emphasis
the story of the attack in a public setting. See generally
added).
T. McCahill, L. Meyer, & A. Fischman, The Aftermath of
Rape 170 (1979) and L. Holmstrom & A. Burgess, The
Also see Globe Newspaper Co. V. Superior Court, 383 Mass.
Victim of Rape 226 (1978).
838, 423 N.E. 2d 773 (1981), rev'd, 457 U.S. 596 (1982):
Like the preliminary hearing, the trial itself creates fear
"To the extent that such a hearing is effective, re-
and stress for the child witness. One study of rape victims
quiring various psychological examinations in some
admitted to the Boston City Hospital emergency wards in
1972 and 1973 concludes:
depth, the victim will be forced to relive the expe-
rience. So, too, the families of youthful victims will
"Overwhelmingly, both adult and young victims found
be uncertain whether the reporting of a sexual assault
court an extremely stressful experience. The features
will expose a child to additional trauma caused by the
they found most upsetting (judged by the frequency
preliminary hearing as well as to public testimony at
with which they mentioned them) were the cross-ex-
the trial." Id. at 849, 423 N.E. 2d at 780.
amination by the defense lawyer, the confrontation
between the accused and accuser, and the public set-
In short, while the sexual assault itself is emotionally
ting. They also found it difficult to listen to the
damaging, the ordeal of bringing criminal charges can com-
defendant's version of what happened and were upset
pound the damage. Libai, "The Protection of the Child
when informed belatedly about the length of the court
Victim of a Sexual Offense in the Criminal Justice Sys-
process." L. Holmstrom & A. Burgess, The Victim of
tem," 15 Wayne L. Rev. 977, 984 (1969); see discussion at
Rape 222 (1978). (emphasis added).
notes 1 and 2, supra.
One researcher, investigating what troubled witnesses
about the criminal justice system, found that:
An important factor responsible for under-reporting is
the post-attack treatment of the victim by the judicial proc-
ess itself. Many parents, realizing how grueling the crim-
3 Shortly after testifying in the same manner as an adult, one of the
children who was represented by one of the writers of this brief com-
inal process can be, fail to report sexual assaults in order
mitted suicide.
14
15
"the most frequently mentioned fear was facing the
to what has been required to establish a child's inability
defendant. That experience is frightening
to
to testify, see People V. Stritzinger, 34 Cal. 2d. 505, 194
a
child who does not understand the reason for con-
Cal. Rptr. 431, 668 P.2d 738 (1983); Comment, "LB90 and
frontation. [T]hat participation and experience of being
the Confrontation Clause: The Use of Videotaped and In
in close proximity to the defendant can be overwhelm-
Camera Testimony in Criminal Trials to Accommodate
ing."
Child Witnesses," 68 Neb. L. Rev. 372, 407 (1989); J.
Myers, Child Witness Law and Practice, § 5.27 at 311
D. Whitcomb, E. Shapiro and L. Stellwang, "When the
(1987) (collecting cases).
Victim is a Child; Issues for Judges and Prosecutors,"
National Institute of Justice, 17-18 (1985).
That the child's fear of testifying in the presence of the
defendant may be compounded by testifying in an imposing
Consistent with the above discussed studies, there were
courtroom filled with strangers is irrelevant. As long as
specific findings in the instant case, by the expert wit-
the presence of the defendant is a significant factor in
nesses, concerning each of the children's inability to tes-
rendering the child mute, there is no reason why it need
tify. The findings were similar to those required for proof
be the sole factor. See Kentucky V. Stincer, 482 U.S. 730
of an adult witness's inability to testify, see Warren V.
(1987) (no right to confrontation at a competency hearing).
United States, 436 A.2d 821 (D.C. App. 1981) and similar
The Maryland State Legislature had ample support in
respectable current research to conclude that: 1) face-to-
Mary Burke, a treating child therapist with the Howard County
Sexual Assault Center. testified that it would be difficult or impossible
face confrontation has the potential to cause serious emo-
for the victim Brooke Etze to sit in the same room with Sandra Craig,
tional distress in young children, sometimes rendering chil-
and that the fear and anxiety would manifest itself by disruption in
dren unable to reasonably communicate, 2) that the
her breathing and that she would curl up in a ball and be unable to
prospects of emotional distress and inability to testify face-
proceed. (E.75, 76,80,85). Ms. Burke. also testified that Justin Peeples,
to-face dissuade children, their families and the state from
age five, another child victim of Craig, "would have great difficulty
talking in front of people, particularly in front of Mrs. Craig, whom
pursuing justice for child victims in the criminal process,
he sees as a threatening figure." (E.77). According to Ms. Burke, in
3) that actual attempts to testify face-to-face need not be
order to avoid impairing Justin's ability to communicate and to max-
made in order for a judge to determine the inability of
imize the opportunity of adducing the child's testimony, it would be
an individual to reasonably communicate because of that
necessary "to remove the threatening agent which he perceives as Mrs.
severe emotional distress, and 4) that testifying by closed
Craig." (E.78). Ms. Burke also testified that Jessie Sue Smith age four,
in light of threats made by Mrs. Craig, would be unable to testify in
circuit television, not preceded by a paralyzing preliminary
front of Ms. Craig. Dr. Gladys Sweeney testified that the fourth child
confrontation, would lessen the trauma faced by child vic-
witness, Drew Woodbury age five, exhibited extremely regressive be-
tims who attempt to testify and encourage those victims
havior when talking about Craig's sexual abuse (E.95-99) and opined
who in the past have not come forward, to pursue justice
that Drew's "ability to communicate would be grossly impaired if he
in the criminal courts, serving the general protection of
were to testify in an open court in the presence of Mrs. Craig." (E.94).
children.
Hence, expert opinion established that all four child witnesses would
experience "severe emotional distress' stemming from the presence of
There is no reason based on current knowledge in the
the defendant during their attempt to testify. Implicit in the above
testimony by the therapists who examined four of Craig's victims is
field for this Court to second guess these legislative find-
the likelihood that each of the children might break down if forced to
ings of fact. The Amici urge this Court to determine that
confront Craig face-to-face and thereafter become incapable of testifying
these legislative findings establish the requisite level of
even via one-way closed circuit television.
necessity to legitimate the use of closed circuit television
16
17
pursuant to the process enacted by the legislature of Mary-
What is pertinent to the admission of many forms of
land.
children's hearsay statements is not whether or not the
C. The Statutory Condition That A Child Be Found
child could testify face-to-face with the accused but instead
Unable to Reasonably Communicate Satisfies The
whether the statement is reliable based on the totality of
Unavailability Requirement If Such A Requirement
the circumstances, a multi-factored test. See, e.g., State V.
Robinson, 153 Ariz. 191, 735 P.2d 801, 811 (1987) (sub-
Is Imposed By This Court.
stance of statement corroborated by other evidence, spon-
1. The Confrontation Clause Does Not Demand A
taneity, consistent statements and statement elicited by
Showing of a Child's Unavailability As A Pre-
questioning); Morgan V. Foretich, 846 F.2d 941 (4th Cir.
condition To the Admission of Testimony Taken
1988) (substance of statement corroborated by other evi-
By Closed Circuit Television and Subject to
dence, spontaneity, statement indicates unusual knowledge
Contemporaneous Cross-Examination.
of sexual acts or anatomy); State V. Conklin, 444 N.W. 2d
Closed-Circuit television testimony is reliable, subject to
268, 276 (Minn. 1989) (spontaneity, lack of incentive of
contemporaneous cross-examination, and permits the fact-
adults to fabricate allegations); State V. Kuone, 243 Kan.
finder to view the demeanor of the witness. Only relia-
218, 757 P.2d 289, 292 (1988) (consistent statements, lack
bility, not unavailability, is the pre-requisite to the
of motive to fabricate); and State V. Sorenson, 143 Wis.
admission of many forms of hearsay. Requiring unavaila-
2d 226, 421 N.W. 2d 77, 85, 87 (1988) (statement indicates
bility does nothing to promote reliability which is instead
unusual knowledge of sexual acts or anatomy, use of ter-
determined by the totality of the circumstances.
minology to describe sexual abuse that one would expect
from a child of similar age, and accused had opportunity
In State V. Roy, 214 Neb. 204, 333 N.W. 2d 398 (1983),
to commit act).
the Nebraska Supreme Court stated that the Confrontation
Clause is not violated where the statement admitted into
Moreover, under procedures like the Maryland procedure
evidence has sufficient indicia of reliability to afford the
there is the additional safeguard that the child's testimony
trier of fact a satisfactory basis for evaluating the truth
is subject to cross-examination. See, e.g., Douglas V. Ala-
of the statement. The court stated: "[T]he mission of the
bama, 380 U.S. 415, 418 (1965)
that
a
primary
in-
confrontation clause is to advance practical concern for
terest secured by it [the confrontation clause] is the right
the accuracy of the truth determination process in criminal
of cross-examination; an adequate opportunity for cross-
trials by assuring that the trier of fact has a satisfactory
examination may satisfy the clause even in the absence of
basis for evaluating the truth of the prior statement." Id.
physical confrontation."
at 207, 333 N.W. 2d at 401.
a. A State May Curtail Face-to-Face Confronta-
In Roy, the court affirmed the defendant's conviction of
tion Upon a Showing That A Child Would En-
first-degree sexual assault upon his 2-year-old stepdaugh-
dure Severe Trauma In Testifying Effectively.
ter. The court found that admission of an excited utterance
by the child was permissible. It concluded that the age of
A substantial number of pre- and post-Coy state court
the victim, her battered physical condition, the nature of
decisions hold that confrontation can be curtailed after a
the event, and the child's fear of additional injury (i.e. the
sufficient showing of trauma. This showing is somewhat
totality of circumstances) provided a sufficient basis of
less than that trauma which would render the child psy-
reliability for the child's statement to qualify as an ac-
chologically unavailable. See Glendening V. State, 536 So.2d
ceptable exception to the hearsay rule.
212 (Fla. 1988), cert. denied, 109 S. Ct. 3219 (1989); Brady
19
18
V. State, 540 N.E.2d 59 (Ind. App. 1989); State V. Hov-
anxious, concerned, and aggressive as he prepared to tes-
ersten, 437 N.W.2d 240 (Iowa) cert. denied, 110 S.Ct. 212
tify in court." The boy was reluctant to talk about his
(1989); In re J.D.S., 436 N.W.2d 342 (Iowa 1989); State
abuse at day care, and "reacted to the topic by holding
V. Chisholm, 245 Kan. 145, , 777 P.2d 753, 758-59
his knees up, covering his eyes, clenching his fists, and
(1989) (Coy does not "require the trial court to specifically
grinding his teeth") and State V. Albert, 13 Kan. App. 671,
find that the child's trauma is so great the child cannot
778 P.2d 386 (1989) (child's therapist of six months opined
reasonably communicate and therefore is unavailable as a
that testifying would be very difficult for child, who had
witness"); State V. Eaton, 244 Kan. 370, 769 P.2d 1157
a serious ulcer and who cried every time the subject of
(1989); State V. Albert, 13 Kan. App.2d 671, 778 P.2d 386
testifying was brought up).
(1989); State V. Thomas, 150 Wis. 2d 374, 442 N.W.2d 10
Unavailability pertains to necessity and therefore should
(1989). These cases reflect the state's compelling interest
not be required for admissibility of testimony when there
in protecting capable child witnesses from undue harm.
is contemporaneous cross-examination and other sufficient
indicia of reliability and placing the witness before the
Analyzing Craig's Confrontation Clause challenge in the
accused is precisely the harmful situation to be avoided.
light of Coy, the Court of Special Appeals of Maryland
See, e.g., United States V. Inadi, 475 U.S. 387 (1986).
emphasized the State's interest in protecting children from
trauma:
"Ohio V. Roberts did not stand for the radical prop-
osition that no out-of-court statement can be intro-
"[T]he State has an interest in protecting children
duced
without a showing that the declarant is
generally from trauma, especially trauma that would
unavailable.' In the Court's analysis [in Inadi], such
result from the deliberate action of the State itself.
an interpretation adds nothing to the determination
Keeping in mind the threshold requirements in § 9-
of the truth in a case, which is the object of the
102, what is to be gained from forcing a child-victim
confrontation clause." Dziech & Schudson, supra n.1
to testify in the direct presence of the defendant when
at 138.
the only product of it will be further suffering for the
child rather than any meaningful evidence-inculpa-
Amici concede that the Maryland statute does not per-
tory or exculpatory." Craig V. State, 76 Md. App. 250,
mit dispensing with face-to-face confrontation when a child
, 544 A.2d 784, 800 (Md. App. 1988).
who will be severely traumatized can, nevertheless, effec-
tively testify. Amici pray that this Court, in upholding the
In comparison to adults, children run a greater risk of
Maryland statute, nonetheless articulate Confrontation
experiencing negative effects from testifying in court be-
Clause principles which validate curtailing face-to-face con-
cause they are less likely than adults to have the cognitive
frontation upon individualized showings that a child can
skills necessary to organize the experience. See Ward, "The
testify but only at great personal expense in terms of
Child as Witness," 4 Family Advocate 14 (Sept. 1982) and
serious emotional or physical trauma. Such findings should
Melton, "Children's Competency to Testify," 5 Law and
not normally require a preliminary face-to-face confron-
Human Behavior 73, 110 (1981). Also see, Part B supra.
tation demonstrating the very trauma the process is meant
It is undoubtedly true that many children are traumatized
to obviate.
by involvement in the legal system, and in particular by
testifying before the defendant. See Commonwealth V. Ami-
rault, 404 Mass. 221, , 535 N.E.2d 193, 206 (1989)
(child's therapist "testified that the child became more
20
21
b. A State May Curtail Face-To-Face Confrontation
ative and stressful means of getting to the truth, will
When It Would Undermine The Trustworthiness
react not as an adult but as a child. While this pro-
Of The Child's Testimony.
cedure is calculated to arrive at the truth with an
This Court's decisions
adult, a child can only be expected to respond with
emotional and physical reactions derived from terror.
make it clear that the mission of the Confron-
For a child not to "freeze" is unusual and to present
tation Clause is to advance a practical concern for
a clear unequivocal statement of the occurrence is
the accuracy of the truth determining process in crim-
even more unusual. If the constitution may be inter-
inal trials by assuring that 'the trier' of fact [has] a
preted broadly enough to deny them the right of adults
satisfactory basis for evaluating the truth of [any out
for their protection and in their best interests (denial
of court statement]". Dutton V. Evans, 400 U.S. 74,
of jury trial, denial of emancipation, right to contract,
89 (1970), quoting California V. Green, 399 U.S. 149,
etc.), it can also be extended to soften (not eliminate)
161 (1979).
the harshness of their testifying in court for the same
See Coy, 487 U.S. at , 108 S. Ct. at 2802, quoting
reason the juvenile acts, dating from 1898, universally
Kentucky V. Stincer, 482 U.S. 730, 736 (1987) ("the right
adopted throughout the country, are testimony to this
to face-to-face confrontation" [exists in part to] 'ensur[e]
recognition. To do otherwise is to provide a defendant
the integrity of the fact-finding process' "Thus, the
charged with sexual or other child abuse with an over-
priority accorded the right to face-to-face confrontation in
whelming advantage (inconsistent) with equal justice."
Coy turned not on its intrinsic inviolability but rather on
Id. at 467 (emphasis added).
its functional value in enhancing the fact-finding process
See also State V. Sheppard, 197 N.J. Super. 411, 484 A.2d
of criminal trials." State V. Bonello, 210 Conn. 51, 554
1330, 1332 (1984) in which a recognized expert in forensic
A.2d 277, 282, cert. denied, 109 S. Ct. 2103 (1989). See
psychology testified:
also Ohio V. Roberts, 448 U.S. 56, 64 (1980).
As was recently discussed by the Georgia Court of
"[T]he victim has the capacity to testify truthfully. It
Appeals, a face-to-face confrontation between the defendant
was [the doctor's] opinion, however, that avoidance of
and the child witness more likely than not will inhibit the
an in-court appearance through the use of video equip-
revelation of the truth:
ment would improve the accuracy of her testimony. He
provided reasons: An adult witness, testifying in court,
"In many cases, to require eye-to-eye contact between
surrounded by the usual court atmosphere, aware of
the victim and the appellant would not only be intim-
the black-robed judge, a jury, attorneys, members of
idating and very possibly exacerbate the damage done
the public, uniformed attendants, a flag, and religious
them, but it also serves no meaningful purpose in the
overtones, is more likely to testify truthfully. The op-
search for truth." Ortiz V. State, 188 Ga. App. 532,
posite is true of a child.
The video arrangement,
374 S.E.2d 92, 95 (1988).
because it avoids courtroom stress, relieves these feel-
See Commonwealth V. Ludwig, 531 A.2d 459, 467 (Pa.
ings, thereby improving the accuracy of the testi-
Super. 1987), app. gr., 518 Pa. 617, 541 A.2d 744 (1988)
mony." Id. at 1332. (emphasis added).
(Tamilia, concurring):
Additionally, empirical research suggests that physical
"It requires no expert testimony to establish that a
confrontation with the defendant may even damage the
child in an adult courtroom, subject to the most cre-
reliability, quality, and often the very existence of the
23
22
preferable to little or no testimony at all." Id. at 18-
child's testimony. Hill and Hill, "Videotaping Children's
19.
Testimony: A Empirical View," 85 Mich. L. Rev. 809, 820
(1987).
Thus, in addition to protecting the child witness from
As Justice Blackmun noted in his dissent in Coy V. Iowa,
emotional trauma, the procedures utilized by the trial court
487 U.S. at , 108 S.Ct. at 874, the use of protective
furthers a second important interest-that of enhancing
measures can actually enhance the reliability of the tes-
the truth-determining process of criminal trials. See Wild-
timony of child sex abuse victims. Also see, B. Dziech &
ermuth V. State, 530 A.2d 275, 283-284 (Md. 1987); State
C. Schudson, On Trial America's Courts and Their Treat-
V. Tafoya, 108 N.M. 1, 765 P.2d 1183, 1186 (1988), cert.
ment of Sexually Abused Children (1989):
denied, 109 S.Ct. 1572 (1989); and State V. Bonello, 210
"In courtrooms witnesses are judged on the basis of
Conn. 51, 554 A.2d at 281-282. Indeed, lack of trustwor-
juries' perception of qualities like truthfulness, trust-
thiness (as opposed to unavailability of the witness or
worthiness, certainty, and confidence. It seldom oc-
trauma to the witness) is the test for invoking the Con-
curs to most people that some hardened criminals or
necticut videotaping statute. See, e.g., State V. Jarzbek, 204
pathological liars may be more likely than innocent
Conn. 683, 529 A.2d 1245, 1255 (1987), cert. denied, 484
people to appear honest, trustworthy, and self-confi-
U.S. 1061 (1988) ("the minor victim would be so intimi-
dent. Children are not likely to look directly or long
dated, or otherwise inhibited, by the physical presence of
at a strange judge or a hostile attorney because they
the defendant that the trustworthiness of the victim's tes-
are frightened and because they have been instructed
timony would be seriously called into question.")
from infancy to avoid strangers. Yet few jurors con-
sider that children's avoidance reactions may not be
Of course, the younger the child, the more likely it is
dishonesty but rather shyness, fear, and other pre-
that confrontation with the accused will inhibit, rather than
dictable qualities that are heightened by their inex-
foster, the truthfulness of the child's testimony, especially
perience and impotence in the legal system." Id. at
since commonly children are told that if they tell, their
66.
parents won't love them anymore, their parents will die,
they will be killed, or they will get in trouble. See, e.g.,
State V. Sheppard, 197 N.J. Super. 411, 484 A.2d at 1332.
A child intimidated into silence by the traditional court
process is a far greater danger to an innocent
Amici concede that there was no finding in the instant
defendant than is one who communicates confusion
case regarding the use of closed circuit television to en-
or untruth. Silence can be interpreted as fear of the
hance the truthfulness of given testimony. Indeed the
defendant when it may, in reality, be reluctance of
Maryland statute does not seem to contemplate such an
the child to be trapped in a lie. The best defense
inquiry. Amici pray that this Court, in upholding the Mary-
against false allegations by children is implementation
land statute, articulate Confrontation Clause principles
of procedures that will increase their participation in
which validate dispensing with face-to-face confrontation
the legal process. To establish that the innocent are
upon an individualized showing that it would enhance the
being persecuted because of malicious stories from
truthfinding process. Such findings should not normally
devious children, one must first allow the children to
require a preliminary face-to-face confrontation to dem-
tell their stories; and if the telling is contingent upon
onstrate the distortion of the truthfinding process.
puppets or laps or even a television camera, it is
25
24
confrontation during testimony would unduly exacerbate
c. The Accused's Threat to the Child Witness
the child's fear. The importance of the Court's consider-
Represents a Forfeiture or Waiver of the Right
ation of the dynamics of a defendant's relationship to a
to Face-to-Face Confrontation.
child witness was observed by the dissenting justices of
The accused's threatening conduct would justify dispen-
the Georgia Court of Appeals in Glisson V. State, 188 Ga.
sing with face-to-face confrontation even when a child could
App. 152, 372 S.E.2d 462 (1988):
effectively testify face-to-face with the accused but only
"The victim, often the only witness able to establish
with experiencing severe fear associated with the threat-
the evidence necessary for a conviction may be intim-
ening behavior. Where a defendant has promised severe
idated into silence out of fear of reprisal.
Convic-
retribution for answering questions about what the
tion for these reprehensible offenses should not be
defendant did to the child, the defendant has forfeited his
thwarted by the accused's emotional and psychological
right to face-to-face confrontation. See United States V.
control over the victim. The offense in these cases,
Carlson, 547 F.2d 1346, 1359 (8th Cir. 1976), cert. denied,
as in any other crime, is not just against the victim
431 U.S. 914 (1977) (waiver of confrontation by threat-
but against the laws, good order, peace and dignity
ening or intimidating witnesses; "the Sixth Amendment
of the state. When reliable evidence is available to
does not act as a shield to protect the accused from his
sustain a conviction, it must not be excluded. Justice
own misconduct or chicanery")." It is already a well-es-
is blind, but not dumb." Id. at 462.
tablished rule of law that a defendant waives his right to
confrontation should he cause a witness to be unavailable
In explaining the basis for her opinion that "it would
or incapable of testifying: "[a]ny other result would mock
be very difficult if not impossible to sit in the same room
the very system of justice the Confrontation Clause was
with Mrs. Craig and discuss the alleged abuse incidents,"
designed to protect." United States V. Mastrangelo, 693
(E.75), Mary Burke, a child therapist with the Howard
F.2d 269, 273 (2d Cir. 1982), cert. denied, 467 U.S. 1204
County Sexual Assault Center, who had conducted twenty
(1984). See also United States V. Thevis, 665 F.2d 616 (5th
therapy sessions with Brooke each lasting one to one and
Cir.), cert. denied, 459 U.S. 825 (1982); United States V.
one-half hours (E.74) said that Brooke perceives "that she
Balano, 618 F.2d 624 (10th Cir. 1979), cert. denied, 449
was threatened by Mrs. Craig and that she feels that her
U.S. 840 (1980); Black V. Woods, 651 F.2d 528 (8th Cir.),
life is in jeopardy and part of her family and the household
cert. denied, 454 U.S. 847 (1981); State V. Jarzbek, 204
pet." (E. 75-76). Ms. Burke also commented that Brooke
Conn. 683, 529 A.2d 1245, 1252-53 (1987), cert. denied,
"truly believes that those threats will be carried out against
484 U.S. 1081 (1988); State V. Sheppard, 197 N.J. Super.
her." (E. 75). Similar findings were made concerning other
411, 484 A.2d 1330 (1984).
child-victim-witnesses: Justin Peeples, age five, sees Mrs.
Craig "as a threatening figure" (E.77) and Jessie Sue
The Amici ask that this rule apply to situations in which
Smith, age four, perceives Craig as a threat to herself,
the accused's threatening conduct is such that face-to-face
her parents, and her siblings (E.80). She believes that Mrs.
Craig is capable and willing to carry out those threats at
5 Waiver of the right of confrontation is also found in a number of
home and Jessie is fearful of this person. Id.
other situations. See, e.g., Williams V. Oklahoma, 358 U.S. 576 (1959)
(waived by a defendant stipulating to the admission of certain evidence);
Here the therapists' testimony based on numerous ther-
Boykin V. Alabama, 395 U.S. 238 (1969) (a defendant who pleads guilty
apy sessions establishes that the children feared serious
waives his right to confrontation); Illinois V. Allen, 397 U.S. 337 (1970)
reprisals from Mrs. Craig including fearing for their lives
(engaging in disruptive behavior in the courtroom as waiver).
26
27
and fully believed that Mrs. Craig was capable of carrying
If the Court were to determine unavailability must be
out these threats. Surely these children are entitled to the
shown then unavailability should not be given the strictest
same protection given the adult government witness in
literal meaning, but instead be equated with inability to
Carlson.
testify because of suffering significant psychological or phys-
The Amici concede that the trial court did not make a
ical harm. For example, the 1972 United States Supreme
finding that Craig's threats created a forfeiture of face-
Court case of Mancusi V. Stubbs, 408 U.S. 204, 206 (1972)
to-face confrontation rights. This could have been and re-
held that if a witness is unavailable to testify, it is not a
mains an alternative ground for upholding the trial court's
denial of the right to confrontation to allow into evidence
dispensing with such confrontation. In the event this Court
prior recorded testimony of a witness where the defendant
upholds the Maryland statute as written, Amici pray that
has had an adequate opportunity to cross-examine the wit-
this Court articulate Confrontation Clause principles which
ness. Hence, admission of former testimony has been upheld
validate dispensing with face-to-face confrontation upon in-
over a challenge of unconstitutionality in a variety of con-
dividualized findings that an accused's threats to a child
texts including: death of the witness, People V. Behm, 49
witness would cause the child to experience severe fear
III. App.3d 574, 580, 364 N.E.2d 636, 641 (1977), prose-
of harm or retribution if forced to testify in the accused's
cution's inability to locate the witness, People V. Contreras,
57 Cal. App.3d 816, 820, 129 Cal. Rptr. 397, 400 (1976);
presence.
People V. Fink, 37 Colo. App. 512, 552 P.2d 529, 531 (1976),
2. A Trauma Induced Inability to Testify Face-to-
rev'd, 194 Colo. 516, 574 P.2d 81 (1978); alleged loss of
Face With The Accused Constitutes Unavaila-
memory of the witness, State V. Thomas, 110 Ariz. 120,
bility for Confrontation Clause Purposes.
126, 515 P.2d 865, 870 (1973), witness's refusal to testify
As indicated by Coy, the Supreme Court of the United
on grounds of fear for the safety of his person and of his
States has said that while the Sixth Amendment reflects
family, People V. Rojas, 44 Cal. App. 3d 978, 119 Cal. Rptr.
a preference for a face-to-face confrontation at trial, the
144 (1975), witness's pregnancy, Lamb V. State, 560 P.2d
preference is not absolute and inelastic. The Confrontation
583 (Okla. Crim. 1977), and psychological unavailability of
Clause of the United States Constitution does not preclude
the witness, People V. Gomez, 26 Cal. App.3d 225, 231, 103
the use of hearsay evidence in criminal trials under cir-
Cal. Rptr. 80, 84 (1972).
cumstances which otherwise render such evidence reliable,
Similarly, two federal circuit court cases have found that
i.e., where it bears sufficient 'indicia of reliability.' Ohio
V. Roberts, 448 U.S. 56, 66 (1980) (involving former tes-
the invocation of the fifth amendment privilege against
timony of unavailable witness). See United States V. Inadi,
self-incrimination constitutes sufficient unavailability. Phil-
475 U.S. 387 (1986) (statement of co-conspirator); Dutton
lips V. Wyrick, 558 F.2d 489, 494 (8th Cir. 1977), cert.
V. Evans, 400 U.S. 74 (1970) (statement of co-conspirator);
denied, 434 U.S. 1088 (1978); United States V. Brasco, 516
Mattox V. United States, 156 U.S. 237, 242-244 (1895) (for-
F.2d 816 (2d Cir.), cert. denied, 423 U.S. 860 (1975). In
mer testimony); Williams V. Melton, 733 F.2d 1492 (11th
addition, Section 804(a)(1) of the Federal Rules of Evidence
Cir. 1981), cert. denied, 469 U.S. 1073 (1984) (out-of-court
defines "unavailability" as including the situation where
statements of witnesses falling under res gestae exception);
the declarant is exempted from testifying on the ground
Haggins V. Warden, 715 F.2d 1050 (6th Cir. 1983), cert.
of privilege.
denied, 464 U.S. 1071 (1984) (excited utterance); United
Flexibility in the unavailability test under the Confron-
States V. Peacock, 654 F.2d 339 (5th Cir. 1981), cert. de-
tation Clause is also supported by the judicial recognition
nied, 464 U.S. 965 (1983) (statement of co-conspirator).
that the legislature is free to provide for depositions to
28
29
perpetuate testimony without fear of infringing on the
defendant's confrontation rights. For example, the
"It has been recognized, however, that even though
Supreme Court of Appeals of Virginia in Setliff V. Com-
a declarant is available to testify, the confrontation
monwealth, 162 Va. 805, 173 S.E. 517 (1934) found Vir-
clause protection may be called into question because
ginia's statute, which provides for a deposition to be read
the declarant is too young to be subjected to a thor-
into evidence in rape cases, to be well within constitutional
ough cross-examination as envisaged by the consti-
limits. Accord United States V. King, 552 F.2d 833 (9th
tution
This principle was also recognized in
Cir. 1976), cert. denied, 430 U.S. 966 (1977) which upheld
California V. Green where the court remanded the
the constitutionality of the federal criminal deposition stat-
case for a determination of whether 'the nature of
ute, Fed. R. Crim. P. 15, 18 U.S.C. $3503 (1976).
the opportunity to cross-examine' was dispositive of
the confrontation issue. These cases recognize a special
Moreover, that the hearsay rule is not violated by ad-
type of "unavailability" for purposes of the confron-
mitting the out-of-court statement of a psychologically un-
tation clause
Nevertheless, assuming arguendo
available witness is supported by Commonwealth V. Stasko,
that Lucy was unavailable in the sense suggested by
471 Pa. 373, 370 A.2d 350 (1977). In Stasko, the Supreme
the Nick court, we conclude that the confrontation
Court of Pennsylvania held that, under the circumstances,
clause was not violated
Id. at 87 (citations
the trial court properly permitted the prosecution to take
omitted) (emphasis added).
and use at a trial a videotaped deposition of an eyewitness
whose health did not permit a court appearance. The wit-
Thus, the Eighth and Ninth Circuit court opinions relied
ness saw a co-employee being murdered in the parking lot
upon special notions of unavailability to admit out-of-court
after work. She had had numerous abdominal operations
statements by a young child into evidence.
for regional ileitis and ulcerative colitis and her doctor
thought that the emotional strain of her appearance would
Moreover, if a witness may be rendered unavailable by
gravely aggravate her condition.
mere lack of memory, see, e.g., Fed. R. Evid. 804, Advisory
Creating a new category of unavailability (psychological
Committee's Note, at 144 (West 1975) or by simple refusal
unavailability), for which the legislature finds compelling
to testify, see, e.g., Johnson V. People, 152 Colo. 586, 384
policy reasons in light of the emotional vulnerability of
P.2d 454 (1963), cert. denied, 376 U.S. 922 (1964); People
child witnesses, will not violate the Confrontation Clause.
V. Pickett, 339 Mich. 294, 63 N.W. 2d 681 (1954), cert.
Two recent federal cases support this assertion. First, in
denied, 349 U.S. 937 (1955), in situations for which there
United States V. Nick, 604 F.2d 1199 (9th Cir. 1979), the
is no public policy reason for protecting the witness, it
defendant unsuccessfully appealed his conviction of sexual
seems inappropriate to bar the child's cross-examined
assault on a 2-year-old child alleging that the trial court
statements where there are strong policy reasons for al-
erred in admitting, over hearsay and Confrontation Clause
lowing it into evidence.
objections, damaging statements of the victim reported in
A growing number of pre- and post-Coy state court de-
the testimony of the child's mother and his physician. Sec-
cisions hold that confrontation may be withheld when a
ond, in United States V. Iron Shell, 633 F.2d 77 (8th Cir.
face-to-face encounter would render the child unavailable
1980), cert. denied, 450 U.S. 1001 (1981), the trial court's
as a witness. See State V. Vincent, 159 Ariz. 418, 768 P.2d
admission of the 9-year-old assault victim's statement to
150 (1989); State V. Twist, 528 A.2d 1250 (Me. 1987); State
her doctor and to the police officer was upheld. The Eighth
V. Conklin, 444 N.W.2d 268 (Minn. 1989); and State V.
Circuit court reasoned:
Taylor, 562 A.2d 445 (R.I. 1989).
30
In Craig there was sufficient expert testimony that the
Respectfully submitted,
four child witnesses would be psychologically traumatized
LAURA FREEMAN MICHAELS
JACQUELINE Y. PARKER*
by the presence of the defendant rendering them unable
NATIONAL ASSOCIATION
PARKER, COULTER,
to reasonably communicate. See footnote 4, supra. There-
OF COUNSEL FOR CHILDREN
DALEY & WHITE
fore, each of the children were unavailable as the
1205 Oneida Street
One Beacon Street
defendant's presence, according to the expert testimony,
Denver, Colorado 80220
Boston, MA 02108
was a significant factor in the experts' opinion that each
(617) 720-6212
of the children would be rendered unable to reasonably
THOMAS R. FINN
PHILIP J. MCCARTHY, JR.
communicate. Indeed, while it is asking too much as cri-
STATE OF RHODE ISLAND
STATE OF ALASKA, OFFICE
teria for admissibility to establish unavailability, the Mary-
OFFICE OF THE
OF PUBLIC ADVOCACY
land Court does determine that there is "psychological
CHILD ADVOCATE
900 W. 5th Ave., Suite 525
unavailability." Craig, 560 A.2d at 1126.
200 W. Exchange St. #200
Anchorage, Alaska 99501
Providence, RI 02903
NATIONAL COURT APPOINTED
SPECIAL ADVOCATE
CONCLUSION
ASSOCIATION
2722 Eastlake Ave. E.,
By erroneously and illogically requiring the child to be
Suite 220
exposed to the very psychological and physical trauma that
Seattle, Washington 98102
*Counsel of record
Section 9-102 was intended to minimize, the Maryland
Court of Appeals has defeated its legislature's goal of pro-
March 2, 1990
tecting children and the criminal process's mission of fer-
reting out the truth. The Maryland Court's interpretation
of Section 9-102 should be reversed to the extent that it
requires face-to-face confrontation prior to utilizing Section
9-102. Expert or lay testimony is sufficient. Likewise, the
court's limitation of the reason behind the child's inability
to communicate to solely the fear of the defendant must
be reversed.
Like the apple in "Snow White and the Seven Dwarfs"
the current court procedures promise health but practice
harm. Only legislation, such as Section 9-102, can end this
senseless system and protect vulnerable young children.
The restrictive interpretation given Section 9-102 by the
Maryland Court below, which defeats the state Legisla-
ture's purpose of child protection, should be reversed.
APPENDIX
la
APPENDIX
Provisions For Use Of Closed Circuit Television, One-
Way Screens or Two-Way Mirrors
1. Alabama: Ala. Code Sec. 15-25-3 (Supp. 1988)
2. Alaska: Alaska Stat. Sec. 12.45.046 (Supp. 1988)
3. Arizona: Ariz. Rev. Stat. Ann. Sec. 13-4253 (Supp.
1988)
4. California: Cal. Penal Code Sec. 1347 (West Supp. 1989)
5. Connecticut: Conn. Gen. Stat. Sec. 54-869 (West Supp.
1989)
6. Florida: Fla. Stat. Ann. Sec. 92.53 (West Supp. 1989)
7. Georgia: Ga. Code Ann. Sec. 81-1006.2 (Supp. 1989)
8. Hawaii: Haw. R. Evid. 616
9. Indiana: Ind. Code Ann. Sec. 35-37-4-8(d) (Burns Supp.
1989)
10. Iowa: Iowa Code Ann. Sec. 910.14 (West Supp. 1989)
11. Kansas: Kan. Stat. Ann. Sec. 2203434 (1988)
12. Kentucky: Ky. Rev. Stat. Ann. Sec. 421.350 (Baldwin
Supp. 1989)
13. Louisiana: La. Rev. Stat. Ann. Sec. 15:283 (West
Supp. 1989)
14. Maryland: Md. Cts. & Jud. Proc. Code Ann. Sec 9-
102 (Supp. 1988)
15. Massachusetts: Mass. Gen. Laws Ann. ch. 278, Sec.
16D (West Supp. 1989)
16. Minnesota: Minn. Stat. Ann. Sec. 595.02 (West Supp.
1988)
17. Mississippi: Miss. Code Ann. Sec. 13-1-405 (Supp.
1987)
18. New Jersey: N.J. Rev. Stat. Sec. 2A:84A-32.4 (West
Supp. 1989)
2a
3a
19. New York: N.Y. Crim. Proc. Law Secs. 65.00-.03
13. Kansas: Kan. Stat. Ann. Sec. 22-3434 (1988)
(McKinney Supp. 1989)
14. Kentucky: Ky. Rev. Stat. Ann. Sec. 421.350 (Baldwin
20. Ohio: Ohio Rev. Code Ann. Sec. 2907.41 (Supp. 1987)
Supp. 1989)
21. Oklahoma: Okla. Stat. Ann. tit. 22 Sec. 753 (West.
15. Massachusetts: Mass. Gen. Laws Ann. ch. 278 Sec.
Supp. 1989)
16D (West Supp. 1989)
22. Pennsylvania: Pa. Cons. Stat. Ann. tit. 42 Sec. 5985
16. Minnesota: Minn. Stat. Ann. Sec. 595.02 (West Supp.
(Purdon Supp. 1989)
1988)
23. Rhode Island: R.I. Gen. Laws 11-37-13.2 (Supp. 1988)
17. Mississippi: Miss. Code Ann. Sec. 13-1-407 (Supp.
24. Texas: Tex. Crim. Proc. Ann. art. 38.071 (Vernon
1987)
Supp. 1989)
18. Missouri: Mo. Ann Stat. Secs. 491.680-687 (Vernon
25. Utah: Utah Code Ann. Sec. 77-35-15.5 (Supp. 1989)
Supp. 1989)
26. Vermont: Vt. R. Evid. 807
19. Montana: Mont. Code Ann. Secs. 46-15-401 to -403
(1987)
Provisions For Use of Videotaped Testimony
20. Nevada: Nev. Rev. Stat. Ann. Secs. 174.227 and
1. Alabama: Ala. Code. Sec. 15-25-2 (Supp. 1988)
174.229 (1986)
2. Arizona: Ariz. Rev. Stat. Ann. Sec. 13-4253 (Supp.
21. New Hampshire: N.H. Rev. Stat. Ann. Sec. 517.13-a
1988)
(Supp. 1988)
3. Arkansas: Ark. Code Ann. Sec. 16-44-203 (1987)
22. New Mexico: N.M. Stat. Ann. Sec. 30-9-17 (1986)
4. California: Cal. Penal Code Sec. 1346 (West Supp.
23. Ohio: Ohio Rev. Code Ann. Sec. 2907-41 (Baldwin
1989)
Supp. 1987)
5. Colorado: Col. Rev. Stat. Sec. 18-3-413 (1986)
24. Oklahoma: Okla. Stat. Ann. tit. 22 Sec. 753 (West
6. Connecticut: Conn. Gen. Stat. Ann. Sec. 54-869 (West
Supp. 1989)
Supp. 1989)
25. Pennsylvania: Pa. Cons. Stat. Ann. tit. 42 Sec. 5984
7. Delaware: Del. Code Ann. tit. 11, Sec. 3511 (1987)
(Purdon Supp. 1989)
8. Florida: Fla. Stat. Sec. 92.53 (West Supp. 1989)
26. Rhode Island: R.I. Gen. Laws Sec. 11-37-13.2 (Supp.
9. Hawaii: Haw. R. Evid. 616
1988)
10. Illinois: III. Ann. Stat. ch. 38, para. 106A-2 (Smith
27. South Carolina: S.C. Code Ann. Sec. 16-3-1530(G)
Hurd Supp. 1989)
(1984)
11. Indiana: Ind. Code Ann. Sec. 35-37-4-8(d) (Burns Supp.
28. South Dakota: S.D. Code Ann. Sec. 23A-12-9 (1988)
1989)
29. Tennessee: Tenn. Code Ann. Sec. 24-7-116 (Supp.
12. Iowa: Iowa Code Ann. Sec. 910.14 (West Supp. 1989)
1988)
4a
30. Texas: Tex. Crim. Proc. Code Ann. art. 38.071 (Ver-
non Supp. 1989)
31. Utah: Utah Code Ann. Sec. 77-35-15.5 (Supp. 1989)
32. Vermont: Vt. R. Evid. 807
33. Wisconsin: Wis. Stat. Sec. 967-04(7)(a) (Supp 1988)
34. Wyoming: Wyo. Stat. Sec. 7-11-408 (1987)
R from
ANNE BARTLEY
ARCANNE
3580 CLAY STREET
SAN FRANCISCO, CALIFORNIA 94118
TELEPHONE (415) 931-0684
FAX (415) 931-2347
April 9, 1997
Hillary Rodham Clinton
The White House
Washington, DC
Dear Hillary,
Bobbie Greene left our home this morning for her very exciting trip to
Asia. Both she and Melanne told me that you two had a good meeting.
Bobbie said another meeting is planned upon her return. I am so glad
you enjoyed talking with her. She is very talented, experienced and a
delight to work with.
The immediate reason for my writing is Dr. Dorothea McArthur, a
good friend of Larry's and mine, recently contacted me regarding the
upcoming White House Summit Conference on Children. She has
taught and written about children's, parents' and teachers' rights for
several years. She was very excited when It takes a Village was
published because it coincided with SO much of her thinking and she
knows how important it is to advance these issues in today's society.
Dorothea asked me to bring to your attention some of her writings on
these issues, which are enclosed. While, she thought it might be
helpful in preparation for the White House Conference on Children in
late April, she also wanted you to know about her work as she greatly
admires all that you have done, and continue to do, for children. She,
of course, would be delighted if she could assist you in achieving your
similar goals in any way possible.
I hope this note finds you well and the President mending.
Sincerely,
Anne Anne Bartley
DOROTHEA S. McARTHUR, PhD
License PSY5301
2362 Cove Avenue los Angeles. California 90039
(213) 663-2340
April 2. 1997
Hillary Clinton
White House
Washington, D.C.
Dear Mrs. Clinton:
I understand that you are hosting a White House Summit Conference on Children April 25
and 26, 1997, in which you are urging corporations to contribute volunteer work on behalf of
children. I have been most encouraged by the work you have done for children and families.
I am a clinical psychologist with 28 years experience and a published author. I have been
working for the past three years on a set of Children's, Parent's and Teacher's Rights with author
Suzanne Arms. This task was completed prior to the publication of your book. IT TAKES A
VILLAGE, but happens to parallel many of the issues you addressed. These Rights might provide
a strong manifesto for your Summit meeting, since, in an accompanying manuscript, I provide
suggestions for community action that actualize each Right. Many of these suggestions are for
corporations.
I have been working on this project because I am very concerned about the increasing
amount of unethical behavior within our society. In order to care for our children properly, we need
to assure that their parents and teachers are guaranteed some basic rights and responsibilities to
provide the quality time required to raise healthy children. Only then can these children give back
competently and compassionately to society. I believe that the Children's, Parents' and Teachers'
Rights have a place in raising the collective consciousness about children's needs. This project has
already been critiqued by classrooms of children, and racially diverse adults.
Enclosed please find samples of Parts I (Parents' Rights) and II (Children's Rights) of
DECLARATION OF THE RIGHTS AND NEEDS FOR CHILDREN, PARENTS, AND ALL
ADULTS HELPING CHILDREN, and copy of my résumé. Please let me know if you are
interested in seeing Part III (Teachers' Rights) or a version of the manuscript that provides further
details about each Right with suggestions for corporate community action.
I appreciate your consideration of this material.
Sincerely yours.
Scroth
McAyLar
RD
Dorothea McArthur, PhD, ABPP
DIPLOMATE in Clinical Psychology American Board of Professional Psychology
DECLARATION
OF THE RIGHTS AND NEEDS FOR CHILDREN, PARENTS AND
TEACHERS
By DOROTHEA McARTHUR, PhD with SUZANNE ARMS
PART I
FOR PARENTS AND ADULTS WHO WORK WITH CHILDREN
VALUE OF CHILDREN
P1. Children are a magnificent part of nature. Watching and helping children grow shows us the
magic, mystery and complexity of nature and can be one of life's most privileged experiences.
No child shall be considered dispensable. Every child shall be accorded dignity and
protection.
If we take the time to raise each child well, this planet will be well cared for by our children
when they become adults.
P2. Each child is a unique reflection of nature; no two will ever be the same.
When adults show respect for a child, that child learns respect and kindness towards other
living things.
We can teach children that their special strength:, and uniqueness belong and are important
in their community.
P3. Understanding the innocent wisdom, natural humor and dreams of children is essential to
sustaining the best of our culture.
Every child belongs to a family, a group or culture with its own past and future.
Making time to listen to, play with, and watch children, adds fundamental richness to our
adult perspective.
P4. Every child is born with intuition and an ability to understand healthy and unhealthy
interactions between people. Children innately sense much of what they need from adults in order
to grow and develop normally.
Children, if allowed, will spontaneously use their full range of emotions to express their needs
without judging or criticizing themselves or others.
They know when adults are responding badly towards themselves or others.
When something goes wrong in the relationship between a parent and a child, it is also
normal for a young child, to view the adult as powerful and perfect and themselves as lacking and
bad. This mix of conflicting feelings causes conflict and feelings of self doubt within children.
We must not train children to ignore or falsify their feelings in order to please others.
It takes maturity and humility for adults to accept what children show us about ourselves.
THE CHALLENGE OF PARENTING
P5. Parenting is one of life's most challenging activities. Some of parenting is instinctive, but much
of it is learned.
1
We learn about parenting principally from the parenting we received. We tend to copy it or
react against it. If we received poor parenting, we have an insufficient model.
We can improve our parenting skills with explicit training, thoughtful time with other parents,
reading and continuing education.
We cam improve our nation by providing universal and free information regarding
contraception, pregnancy, birth, child development, and parenting throughout our older children's
education.
Parents do not have to be perfect. Perfection is not possible for human beings nor is it
necessary for children and parents to thrive.
P6. Parents are entitled to convenient, affordable, preparation in providing structure and
constructive discipline. Modern culture has acquired a lot of information about what harms children
and what makes them thrive.
Much of what adults interpret as rudeness or cruelty in children is either natural curiosity or
an attempt to express unhappy feelings.
We need to differentiate between destructive punishment and constructive discipline.
Hitting children, isolating or "silent treatment" for long periods of time, are destructive.
These models lead to fear, power struggles, retaliation, low self-esteem in children and guilt in
parents.
Inquiry, listening, limit setting, time out, the unfolding of natural consequences, and
constructive action increases understanding, learning, self-esteem, and a feeling of protection and
caring for both parents and children.
It is not helpful to try to make children feel guilty. We can talk about a particular behavior
without shaming the whole child.
We can teach children best with compliments and constructive advice rather than sarcasm,
or humiliation.
Parents need information, regarding children's appropriate and inappropriate behavior for
each age and level of development. Parents also need suggestions, about how to respond to irritating
or simply frustrating behavior.
P7. Our own children will inevitably test and confront us repeatedly, like no one else can.
Children's interactions with adults provide us with the opportunity to face any unresolved
feelings left over from our own childhoods.
Unresolved issues can surface with an unexpected intensity when children test our limits or
"push our buttons." Parents are entitled to affordable counseling to learn how to respect, understand,
and challenge any misconceptions about their past.
Children learn when we let them see our efforts to resolve our own conflicts and manage our
own behavior.
P8. It is always dangerous for adults to physically injure, sexually exploit, or neglect a child of any
age.
Although the human spirit and body are normally resilient, we dare not weaken our children
with avoidable trauma.
Adults who hurt children or knowingly witness the injury of a child are responsible for
seeking help to protect the child.
Each community must provide easy access to subsidized, non-punitive, help and support for
parents. If adults do not take the responsibility for using this help to stop injuring children, then they
must face logical consequences. These may include supervision, community service, restraint, fines,
2
and prosecution in order to protect our communities.
BIRTH AND INFANCY
P9. Adults shall be given the necessary information to consider their true desires in relation to
bearing children.
It is a natural part of the human life cycle, to W ant to raise children.
Everyone needs easy access to information regarding family planning and parenting so they
can make thoughtful decisions.
It is not wise to take on the 20 years of responsibility for raising a child simply because we
failed to educate ourselves, talk with our partner to prevent unplanned pregnancy, feel lonely,
insecure, unloved, or want to control someone smaller than us.
In assessing our true desire, we need to take into consideration that the earth's natural
resources are limited and our culture already consumes the largest quantities of the world's
non-reusable resources.
A desire for a large family can also be met by bearing children and also by taking in other
children who are waiting for homes. With the help of extra training, financial support from the
government, and general help from our local community, the job of foster or adoptive parenting can
be most rewarding.
Some people have good reasons for preferring not to have children. There are many ways,
other than parenting, to be of service to children and parents.
P10. Parents-to-be shall be given the information and support that will allow pregnancy and birth
to be as normal and uninterrupted as possible.
Health Services must focus more attention on the psychological as well as physical well-being
of babies, mothers and their families.
All parents need to be made aware of the supreme importance of healthy physical bonding
and psychological attachment with their baby. Parents need accurate information regarding the
advantages and disadvantages of drugs and Caesarean birth.
Breast feeding is preferable, whenever possible, because it provides valuable nutrients,
strengthens the babies immune response, and encourages close physical contact.
RAISING CHILDREN
P11. Parents and children thrive best when they can stay together within a healthy, intact,
biological family.
Children are born craving the security of belonging to a family related by blood ties.
Children of single parents, divorce, adoption, and foster care show or tell us that their
relationships with both biological parents are very important psychologically. Therefore, alternative
forms of parenting are inherently more complex psychologically for children and their parents and
may require more creative management.
Necessary resources, such as premarital, family and blended family counseling, must be made
available by society to maximize the chances that biological families can remain intact and flourish.
P12. As has wisely been stated in many traditional societies, "It takes a whole tribe to raise one
3
child well."
Adults overburdened and isolated from community support cannot be expected to be
adequate parents.
Parents need time to share knowledge, experience and express needs and frustrations with
each other.
Extended family can be made up of friends and neighbors as well as siblings and relatives.
All provide an enhanced sense of belonging and a feeling of roots.
Because elders now have an average of 15 years beyond retirement, there should be ample
opportunities for them to assist overburdened parents.
P13. Parents, teachers, day care workers, clergy and health workers - must be acknowledged with
our public appreciation, peer support and highest incentives such as salary, benefits, tax
compensations, and ample time off.
The work of parents must be especially honored.
Mothers assume a major parenting role because of their special biological connection to their
children. Cultural tradition has also assigned and equipped mothers with particular nurturing skills
and responsibilities.
Families and children thrive when some of the responsibilities given to mothers are shifted
to fathers. Older siblings deserve recognition for helping with the raising of children.
Teachers also deserve to be regarded with high respect by society for their many hours of
teaching, care, and responsibility for children.
P14. Our man-made physical environment (housing developments, apartments, schools, shopping
centers, neighborhoods, streets) shall be designed or redesigned with children and parents' needs
as a priority.
The design of our buildings, streets and neighborhoods shape the way we interact with each
other.
Our culture, in the 20th century, has been designed around the use of cars, personal privacy
and the acquisition of possessions. In many ways, these designs have shut children out. We have
the power to change this with the help of ideas from our children.
Without destroying what already is in place, there is much we can do to humanize our
man-made environment to make it considerate of children's needs.
P15. Adults and children shall be encouraged to understand that the ebb and flow of natural
disasters, trauma, crises, losses and disappointments are both a overwhelming danger and an
important opportunity to expand life.
Trauma can set us back and also provide unusual and rich opportunities to help others,
expand our sense of community, understand the meaning of life and death, and create something
new.
Children will model adult behavior especially when we emphasize our opportunities rather
than our fears.
TIME WITH CHILDREN
P16. Our time with children has become a scarce resource. Our attention is the greatest gift we
have to give.
It is the small acts of kindness that make the greatest difference.
4
Doing one thing at a time works best.
Many of us have become accustomed to overfilling our days. We can encourage each other
to evaluate the number of activities that we can realistically accomplish in a day so that we see and
enjoy our children, other people, and the world around us.
Children do not regard many toys as a reasonable substitute for time with parents.
When we get overstressed we can rest instead of numbing ourselves with tuning-out activities
such as television, computer games or substance abuse.
Our children model the way adults use time.
P17. Businesses and communities shall find ways to grant all parents the respect and support to
take some reasonable time away from work to be with and enjoy the children they are parenting.
Parenting children is as important to this nation as being a productive worker. It is not in
children's or society's best interest to promote "overemployment" through long hours on the job or
work driven by undue competition, or financial greed.
Workaholism is an addiction requiring an intervention. It is destructive to the self, children
and to family life.
If a child is going through an exceptionally difficult time with illness or school problems, it
is in the best interests of the child, employee, and employer to authorize necessary hours of paid
leave from work to cope with and constructively resolve the child's problem.
Minimum wage should be sufficient so that no parent has to work more than one full time
job in order to provide basic needs for a family.
All workers should be granted a month of vacation in addition to traditional holidays. We
can only do our best and most efficient work when we are granted regular and reasonable rest
periods.
P18. Marking natural transition times through special ceremonies are important to everyone's full
development.
Birth, puberty, marriage and death are particularly important Rites of Passage.
Children naturally love and benefit from ceremony and ritual.
Rites of Passage give children and adults a sense of their relationship to each other, their
community, and to the source of all life.
5
PART II
CHILDREN
C1.
Individuals, families, neighborhoods, communities, states, government and institutions all
have fundamental responsibilities to provide basic needs for our children, protect and help them
recover from physical damage.
We must protect children with a safety net superstructure encoded in legislation, funding and
law enforcement.
This nation must prevent hopelessness for our individuals, families and children. Everyone
must be given the training, support and opportunity to meet basic needs for food, shelter, clothing,
and basic school supplies.
Our children are developing physically until the age of fourteen. Adults have the
responsibility for protecting children from damage to their bodies.
Governments, corporations and parents are responsible for conducting research,
understanding, and creating legislation to protect our children and our families from harmful agents
such as substance abuse during pregnancy, second hand smoke, artificial coloring and sweeteners,
pesticides, lead poisoning, contaminated water, soil and air.
Politicians, businesses, and special interest groups must be discouraged from destroying the
execution of this basic responsibility out of a desire for personal gain.
BIRTH AND INFANCY
C2. A child's personality and way of relating to the world are each influenced by our experiences
in the womb, how we are born, and how we are cared for after birth.
A fetus and mother already have a significant bonding and attachment relationship before
birth. A fetus hears the mother's voice and other sounds in the outside world.
A child's sense of safety, security, and happiness depend directly upon how much parents are
emotionally attached.
When pregnancy and childbirth become purely medical events, the natural process of
emotional development and the relationship between parent and infant tends to be disrupted.
All infants need a lot of nurturing before birth and in the beginning of life. Meeting their
basic needs for food, warmth, cuddling, rocking and affection at the beginning of life is crucial to
their emotional and physical development.
We need to create day care situations that allows young children to have quality time and
consistency from loving, skilled, responsible, highly paid caretakers.
C3. When it is impossible to give children parenting with their biological family, long-term quality
substitute care shall be provided as soon as possible.
Every child deserves the chance to form a long-term secure, healthy relationship with at least
one adult.
Substitute caretakers must offer the kind of support, love, consistency, and continuity to help
the child recover from the loss of biological family.
When a birthparent or couple is able to provide love but lacks money or employment, the
community needs to offer training programs and job placement to help keep the family together.
Relinquished biological siblings shall remain together as a unit, whenever possible, and
remain in contact if they have to be separated.
Every effort must be made to place children within or maintain ties with their ethnic and
6
cultural community. However, no child should be in extended transitional placements and denied
a long term relationship just because a cultural match is difficult to find.
GROWING UP
C4. The most crucial parenting occurs in the first six years of a child's life. During this period of
time the child develops a core personality and a fundamental sense of self separate from others.
There are many different styles of parenting which can work well. The crucial factors are
experience, training and support in parenting, with an absence of intolerable stress.
Children need enough time with and attention from parents to feel a sense of value and
belonging within their family. Avoiding time with children only increases a child's demands and
feelings of insecurity, making parenting truly more difficult.
Warm physical and verbal contact touches unmet needs, and helps to lessen pain, frustration,
and anger.
Children also innately model themselves after the adults who raise them.
Every stage of development is built upon a prior stage. Meeting children's needs in the first
six years of life is one of the surest ways to prevent anti-social or self-destructive behavior.
C5. Children of every age do best when they have many hours a day in the presence of parents and
other attentive, caring adults.
School age children can manage well in the external world if they can come back to their
parents several times a day to share what has happened.
Adults need to make sure that children are provided with physical activity, appropriate limits,
learning experiences, and unstructured time for fantasy play.
Most children, under the age of 11, are not ready to be left alone without adult supervision
nearby.
From a positive beginning, children naturally become more able to be happy, generous,
creative, eager to learn, self protective and resilient from adverse circumstances.
We teach our children to assume more personal and family responsibilities each year in
helping parents to maintain family life.
C6. Children must be allowed to express the signals from their bodies that tell them what is needed
for them to be physically healthy in terms of food, water, rest, activity and medical care.
Sometimes children crave a particular food, rest or activity needed for growth. We can honor
these requests and compliment children for knowing what they need.
If we allow children to go hungry, become over-tired or over-stimulated we may need to help
them to read these natural signals.
C7. Children need nutritious foods. When adults make such foods available in a balanced diet,
children will usually select and eat the right amount for their bodies to be healthy and a normal
weight.
It is unfair to entice children towards non-nutritional foods by packaging them with free toys
and/or loading food with artificial flavors, colors, and excessive sugars, fat, and salt.
Sharing home cooked food together without distraction of electronic media can provide
leisurely conversational time.
C8. For the most part, children will naturally respond well unless something is troubling them
physically or psychologically. When children misbehave, there is a reason.
7
We can ask disruptive children what is troubling them before resorting to discipline.
A child who behaves poorly continually, needs parents to reach out to other parents, books
or mental health professionals. We need to discover what is wrong and provide corrective measures.
BEING EDUCATED
C9. We educate our children best when it conforms to the way children naturally grow and learn.
There is a wide range of differences in normal learning for children. These variations need
to be noncompetitively respected and accommodated.
We must be careful not to push our children academically well beyond their developmental
level especially to bolster our own pride. Children who are pushed lose the chance to act in
accordance with their own age level and often suffer burnout.
Schooling should include academic, social and interpersonal learning. Therefore education
must be given to children in small enough classes and schools so that children can have a personal
identity, feel a sense of community, and be known by other children, teachers, and staff.
Education includes learning to use all parts of the brain including intuition, creativity and
inspiration as well as logical thinking.
C10. Parents and teachers will serve our children best if we teach them how to respect their own
feelings, questions, and conclusions rather than blindly following adult directions.
We can model living by understanding and respecting our own feelings and mistakes, taking
responsible care of ourselves, and sharing how we do this with our children.
Generally children learn little when they are forced to act against their will. We can instead
advise and help children figure out what they really want or need to do. We can let them make
some mistakes and learn from the natural consequences of their actions.
We help our children by letting them figure out how to acquire something rather than giving
them everything they want.
C11. The education of all children includes ongoing moral and ethical development, appropriate
to each age level.
Everyone in the community (parents, extended family, teachers and religious, and cultural
institutions) hold the responsibility for contributing to a child's moral and ethical development. This
training includes learning to appreciate different religious and spiritual traditions.
Adolescents are especially in need of some spiritual direction at a time when they are trying
to separate from parental guidance. Many adolescents find it helpful to develop a relationship with
either their higher inner self or some form of higher power external to themselves, which many
people call God.
Moral, ethical and spiritual direction helps individuals to discover meaning in life and
purpose in the community.
C12. All children, like adults, enjoy heightened states of awareness.
Children can reach this state in solitary play, mastering a skill or performance, day-dreaming,
praying in collective worship, listening to or performing artistically, being in nature, engaging in a
physically demanding activity, volunteering help for others, and laughing during fits of silliness.
Children have a natural sense of wonder about how the world works. Children get a thrill
of discovery when they learn something or solve a problem on their own.
We need to teach and support children in reaching these natural altered states of awareness
8
because they shift a child's perception, foster creativity, heighten learning, and provide a broader
perspective.
Higher consciousness becomes a natural protection against the use of chemical substance
abuse.
C13. It is natural and normal for children to notice physical differences between individuals at a
very young age. This is healthy observation, not racism. Racism is comprised of negative
judgments towards differences generalized to entire groups of people of different race, color, creed
or life style. Racism is gleaned from each other in the absence of adequate cultural education.
Prejudice means to "prejudge" an individual in the absence of contact, dialogue or
observation.
Racism is usually learned very early in childhood and runs so deep in our culture that many
of us are not aware that we are passing it on to our children.
In a culture full of diversity, it is crucial that every one learn to cultivate a respectful
appreciation for the differences among people. Therefore, the community needs to provide
educational experiences and resources to conquer racism in adults and children.
CONNECTING WITH LIFE EXPERIENCES
C14. Children thrive when they can have an ongoing relationship with nature.
Nature is a superb guide. It offers a model of balance, beauty, interdependence, cooperation,
fitness for survival, patience, as well as wildness, and raw power. Through observing and engaging
with nature, without harming it, we learn humility and respect for the necessary unending process
of creation to death.
Children find solace from time spent in direct contact with flowers, animals, forests,
mountains, and bodies of water. Exploring nature - getting dirty and skinning knees - is as important
to a child as learning to read.
Caring for plants and animals teaches gentleness and responsibility and allows children to feel
valuable.
Children need to feel contact with nature in order to understand the need to care responsibly
for our planet.
C15. Sports and recreation can provide physical exercise, belonging, cooperation, and the challenge
of personal excellence.
Participation in sports and recreation with other children and caring adults augments what
families can provide.
The word "compete" means to "seek together." Opponents can be peers, not enemies,
challenging us to bring out our personal best.
Like imaginative play, the act of mastering physical pursuits can be so completely absorbing
that feelings of inadequacy are replaced with peak moments of mastery, joy and confidence.
C16. Children's imagination is essential to their development. It needs to be kept alive and vital.
Imaginary play is child's work. Children need ample opportunity and props, alone and with
other children, to engage in fantasy play.
Children thrive on exposure to all forms of creativity. This includes music, dance, poetry,
theater, drawing, painting, sculpture, pottery, photography and film making.
Children feel a sense of power, excitement and challenge with electronic media. However,
9
since it has such a high degree of stimulation, immediate reward, and overrides our brains natural
ability to create inner imagery, children can lose the ability to be imaginative and patient with longer
term creative projects.
Educational computer software can enhance learning. However, it is essential that electronic
media not be substituted for teachers, books, or conversations.
Modern forms of electronic media - including toys, movies, television, and computer games
and internet - should be presented to children only for short periods of time. Those that are
interactive, non-violent, constructive, nonaddictive and non-mesmerizing are preferred.
Children who are addicted to computer games, like any addict, are very skilled at getting
adults to support their craving.
It is tempting for adults to use electronic media as a babysitter or as a routine reward for
children. However, it is best used sparingly as it is an isolating activity Electronic media that
produces "information underload" - a narrow, repetitive band of negative information - has no value
for children.
PERMISSIONS FOR CHILDREN
C17. Children need to feel in charge of their own bodies. They should not have to endure physical
or sexual abuse.
Children are naturally sensual, curious and have sexual feelings from a very young age.
However, they are not seeking sexual gratification from adults. A child is harmed by sexual
experiences with adolescents and adults.
Children naturally know when their body is being invaded with physical or sexual abuse.
However, they often become confused by contradictory verbal messages of feigned love, or threat
from their abuser. This confusion makes it impossible for them to naturally protect themselves.
Sexual abuse may cause negative hormonal, pubertal, and neuroendocrine physiological
changes. Sometimes the damage causes infertility.
Physical abuse might stop a child from doing something wrong. However, it is always an
ineffective way to communicate because it models violence, injures, causes pain and severely lowers
a child's self esteem.
When abuse is occurring, there is always unequal power between an adolescents or adult and
a child. The child loses free choice with such a power imbalance.
We must give children clear permission and the necessary information to defend their bodies
when confronted with physical or sexual abuse.
C18. Children need access to extended family and community resources when they are unhappy,
or in physical pain due to neglect, abuse, or strife within the family.
Communities can create their own compassionate, integrated system of physical and
psychological care. Children and adults may come in for constructive help whenever there is obvious
trouble. Support will be offered before resorting to reprisal or isolation of any family member.
Children should not be left alone for extended periods or given excessive responsibility for
the care of younger siblings.
C19. Taking risks is a natural, and essential part of growing up.
Children and adolescents go through stages of being naturally cautious and also naturally
fearless.
Risk-taking can be supported as long as children are not in danger of being seriously harmed
10
and are in a reasonably safe environment where they can learn the natural consequences of their
actions.
Children must have the chance to make mistakes as well as to succeed. The seeds of success
often spring from setbacks. Success is truly appreciated only when failure has been experienced.
C20. Children shall be granted all of their childhood and adolescence so that they can develop
fully.
Childhood and adolescence involves taking increasing responsibility for one's self and the
community. Every age brings appropriate opportunities for growth and maturity.
Children must not be forced to act grown-up before their time. Nor should children have
to curtail their own development in order to take care of any adult's psychological needs. When
adults are addicted, unintentionally neglect, overprotect, overindulge, abuse, or sabotage our
children, we interfere with our child's natural development.
Every child needs to be recognized as a separate human being with their own personal
boundaries. It is unfair to treat any child as an extension of an adult; children should not be asked
to behave or perform for the purpose of bolstering their parent's self esteem. This robs children of
the expression of their own desires, goals, and unique personality.
C21 "Special needs" and "high needs" children require extra, specialized physical and psychological
attention and consideration from family and community for these children to be able to thrive.
Many children need specialized attention. These include children with learning disabilities,
hyperactivity, physical and mental disabilities or injuries. Some children remain "special" while others
need special help only for a period of time.
Even at birth, some babies are "high needs." These babies may exhibit a greater vulnerability
physically or psychologically and are often very demanding. This kind of baby requires an
extraordinary amount of comforting, rocking and close affectionate contact in order to feel secure.
When special attention is given, the baby is more likely to develop normally.
Other children become "high needs" individuals due to adversity later on. They includes
children who have endured divorce, abuse, neglect, foster placement, lengthy hospitalization,
adoption, poverty, hopelessness, and parental addiction. They too need more close physical contact,
soothing, as well as consistency, and clear limits in order to feel at ease and a have sense of
belonging.
Psychological and physical services should be a normal and natural part of the whole support
system for these children, and their families.
Copyright- All Rights reserved
1995 Dorothea M°Arthur, PhD
Not for Distribution
11
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DOCUMENT NO.
SUBJECT/TITLE
DATE
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001. resume
Curriculum Vitae of Dorothea S. McArthur, PhD (partial) (1 page)
n.d.
b(6)
COLLECTION:
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First Lady's Office
Maggie Williams (Subject Files)
OA/Box Number: 12631
FOLDER TITLE:
Letters - No Response Necessary
2013-0359-S
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RESTRICTION CODES
Presidential Records Act - |44 U.S.C. 2204(a)|
Freedom of Information Act - [5 U.S.C. 552(b)]
P1 National Security Classified Information |(a)(1) of the PRAJ
b(1) National security classified information |(b)(1) of the FOIA]
P2 Relating to the appointment to Federal office [(a)(2) of the PRA]
b(2) Release would disclose internal personnel rules and practices of
P3 Release would violate a Federal statute |(a)(3) of the PRA]
an agency [(b)(2) of the FOIA]
P4 Release would disclose trade secrets or confidential commercial or
b(3) Release would violate a Federal statute |(b)(3) of the FOIA]
financial information [(a)(4) of the PRA]
b(4) Release would disclose trade secrets or confidential or financial
P5 Release would disclose confidential advice between the President
information [(b)(4) of the FOIA]
and his advisors, or between such advisors |a)(5) of the PRA]
b(6) Release would constitute a clearly unwarranted invasion of
P6 Release would constitute a clearly unwarranted invasion of
personal privacy |(b)(6) of the FOIA]
personal privacy |(a)(6) of the PRA|
b(7) Release would disclose information compiled for law enforcement
purposes |(b)(7) of the FOIA]
C. Closed in accordance with restrictions contained in donor's deed
b(8) Release would disclose information concerning the regulation of
of gift.
financial institutions [(b)(8) of the FOIA|
PRM. Personal record misfile defined in accordance with 44 U.S.C.
b(9) Release would disclose geological or geophysical information
2201(3).
concerning wells |(b)(9) of the FOIA]
RR. Document will be reviewed upon request.
CURRICULUM VITAE
Dorothea S. McArthur, PhD
2362 Cove Avenue
Los Angeles, California 90039-3123
(213) 663 2340
[00]]
BIRTHDATE:
(b)(6)
MARITAL STATUS: Married, one child
EDUCATION:
B.A. - English, University of Rochester, NY. 1961-1965.
M.A.T. - Applied Sculpture, Rhode Island School of Design, RI.
1966-1967.
M.Ed. - Counseling Psychology, University of California at Santa Barbara.
1970-1972.
Ph.D. - Clinical Psychology, California School of Professional Psychology.
Los Angeles. 1973-1976.
Dissertation: A Comparison of the Stimulus Influence of Three Thematic Projective
Techniques with Children.
LICENSURE:
Psychologist. State of California, License Psy5301
PROFESSIONAL CERTIFICATIONS
Diplomate in Clinical Psychology, American Board of Professional Psychology, 1982
Listed in National Register, 1980 -
Disaster Response Team; Red Cross Certified. 1990.
Divorce Mediation Skills: Certified by Pepperdine University School of Law. 1994.
Qualified Member: Women's Referral Service. 1994
AWARDS AND HONORS:
Certificates of Continuing Education, (1978-1980. 1980-1983)
Verdugo Mental Health; Award for Dedication and Excellence in Therapy, Assessment,
Training, Research and Supervision.
Red Cross for Dedication in Los Angeles Civil Disturbance, 1992, Burlington Fire, 1993.
Meritorious and Dedicated Service Award (1992 and 1993) American Board of
Professional Psychology
American Psychological Association (1992) Letter for Commendation for Outstanding
Service during Los Angeles Riots
Distinguished Humanitarian Contribution (1993) California Psychological Association.
CURRENT EMPLOYMENT:
Private Practice, Los Angeles, CA - 1978 - present Brief Focused to long term
psychotherapy with children, adolescents, adults, families, and couples.
Specializations:
Critical Incidence Stress Debriefing,
Crisis Intervention,
Sexual, physical and psychological abuse,
Working with difficult family-of-origin,
Developing lasting relationships,
Play therapy and parenting,
Adoption,
Physical illness.
PROFESSIONAL EXPERIENCE:
Social Advocates for Youth, Santa Barbara, CA - Counselor, 1972-1973
Verdugo Mental Health Center, Glendale, CA- Clinical Psychology Intern, 1973-1974
Private Practice of Stephen D. Lee, PhD, Santa Barbara, CA - Psychological Assistant,
1973-1977
Resthaven Community Mental Health Center, Los Angeles, CA - Clinical Psychology
Intern, 1974-1975
Didi Hirsch Community Mental Health Center, Culver City, CA - APA approved
placement. Clinical Psychology Intern, 1975-1976
Academic Appointment, California School of Professional Psychology, Los Angeles, CA
1979-1980
Adjunct Clinical Faculty, California School of Professional Psychology, Los Angeles, CA
Supervisor, 1982-1983
Verdugo Mental Health Center, Glendale, CA - Coordinator of Adult Services,
1976-1982, Coordinator of Training, 1982-1983
ORGANIZATIONAL AFFILIATIONS:
Member - American Psychological Association Division of Clinical Psychology
1978-present
Member - California Psychological Association, 1978-1996
American Board of Professional Psychology, National Board of Trustees, Term:
1987-1993
Chairperson: Clinical Specialty Council, 1987-1992
Chairperson: Credentials Review Committee 1987-1992
Chairperson: Appeals Committee, 1992-1993
Chairperson: Transitional American Board of Clinical Psychology, 1992-1993
Examiner: 1982 to present
American Board of Professional Psychology, Western Regional Board, 1984-1992
Independent Psychotherapy Network, Inc. 1993-present, Founder and President
COMMUNITY PROFESSIONAL ACTIVITY
Home for Battered Women, Pasadena Ca. Advisory Board, 1983-1984
Wellness Community, Pasadena, CA, Advisory Board 1990-1992
Pasadena Chorale, Pasadena, CA, Advisory Board 1987-1988
Cambridge Singers, Los Angeles, CA. Advisory Board, 1991-1992
Consultant, Law Practice of William Handel, Surrogate Parenting. 1983-1985
Supervisor, Outreach Concerns, 1995- present
PUBLICATIONS:
McArthur, D. (1982) Manual for the Roberts Apperception Test. Los Angeles, Western
Psychological Services. (118 pages).
McArthur, D. (1988) Birth of A Self in Adulthood. Northvale, New Jersey: Jason
Aronson.
McArthur, D. (1989) Chapter 10: "Contemporary Adoption, A Cooperative Enterprise."
In: Joan Offerman-Zuckerberg, (Ed.) Gender in Transition: A New Frontier.
New York: Plenum Medical Book Company.
McArthur, D. Bach, G. and Maurer, C. (1992) Revised Clinical Diplomate Oral
Examination: Examiner Manual. Columbia, MO: American Board of
Professional Psychology.
McArthur, D. Bach, G. and Maurer, C. (1992) Revised Clinical Diplomate Oral
Examination: Examinee Manual. Columbia, MO: American Board of
Professional Psychology.
McArthur, D. The Changing Nature of Adoption. near completion.
WORKSHOP OR PRESENTATIONS:
BORDERLINE PATIENT:
University of Southern California- Counseling Center, 1988, 1989
University of Southern California- School of Social Work, 1992
9th and 10th Annual Mental Health Conference; Pasadena Mental Health; Pasadena, CA,
1987, 1988
Verdugo Mental Health Center, Glendale, CA, 1989
California School of Professional Psychology, Los Angeles, CA, 1991
American Board of Professional Psychology Post Graduate Institute, Oregon; 1988
University of Texas, Austin, TX, 1988
Parenting Resources, Tustin, CA, 1992
Kaiser Permanente, Montclair, CA, 1993
Glendale Area Mental Health Professionals Association, Glendale 1997
ADOPTION:
10th Annual Mental Health Conference, Pasadena Mental Health, Pasadena, CA, 1988
American Adoption Congress, Anaheim, CA, 1991
Parenting Resources, Tustin, CA, 1990
Vidmar and Associates, 1991
Glendale Area Mental Health Professionals Association, 1995
CRISIS INTERVENTION SEMINAR:
Verdugo Mental Health Center, 1978, 1979, 1980. 1981
Kaiser Permanente, Montclair, 1992
SHORT TERM PSYCHOTHERAPY:
Verdugo Mental Health Center, 1982
ON BECOMING A DIPLOMATE:
California State University, Northridge, 1982, 1983
MANAGED CARE AND PSYCHOTHERAPY
Glendale Area Mental Health Professionals Association, 1993
Marriage, Family and Child Alumnae Association. Pacific Oaks. 1994
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Clinton Library
DOCUMENT NO.
SUBJECT/TITLE
DATE
RESTRICTION
AND TYPE
002. letter
To Hillary Clinton from Erika Brockmann Quiroga - 8 U.S.C. 1202
03/1997
P3/b(3), b(6)
(f) (2 pages)
COLLECTION:
Clinton Presidential Records
First Lady's Office
Maggie Williams (Subject Files)
OA/Box Number: 12631
FOLDER TITLE:
Letters - No Response Necessary
2013-0359-S
ry1487
RESTRICTION CODES
Presidential Records Act - |44 U.S.C. 2204(a)]
Freedom of Information Act - 15 U.S.C. 552(b)]
P1 National Security Classified Information [(a)(1) of the PRA]
b(1) National security classified information |(b)(1) of the FOIA]
P2 Relating to the appointment to Federal office [(a)(2) of the PRA
b(2) Release would disclose internal personnel rules and practices of
P3 Release would violate a Federal statute [(a)(3) of the PRAJ
an agency [(b)(2) of the FOIA]
P4 Release would disclose trade secrets or confidential commercial or
b(3) Release would violate a Federal statute [(b)(3) of the FOIA]
financial information [(a)(4) of the PRA]
b(4) Release would disclose trade secrets or confidential or financial
P5 Release would disclose confidential advice between the President
information [(b)(4) of the FOIA]
and his advisors, or between such advisors |a)(5) of the PRAJ
b(6) Release would constitute a clearly unwarranted invasion of
P6 Release would constitute a clearly unwarranted invasion of
personal privacy [(b)(6) of the FOIA]
personal privacy |(a)(6) of the PRA]
b(7) Release would disclose information compiled for law enforcement
purposes |(b)(7) of the FOIA]
C. Closed in accordance with restrictions contained in donor's deed
b(8) Release would disclose information concerning the regulation of
of gift.
financial institutions [(b)(8) of the FOIA]
PRM. Personal record misfile defined in accordance with 44 U.S.C.
b(9) Release would disclose geological or geophysical information
2201(3).
concerning wells |(b)(9) of the FOIA]
RR. Document will be reviewed upon request.
Dear MS Clinton
We still remember your S/AY " ove
coun hiy.
want to Know that Rolivian Women
have had a First you victory. Through the Polihial
The Congress passed A LAW!
Forum Action) to include A minimum of 30% of
women 117 Candadate's lists 12 the Congress.
of the new challenges we have
Iron now Werre on. ansore in order 10 strenght the real and
effective participation of women YOURS
Planned Parenthood®
Federation of America, Inc.
PLANNED PARENTHOOD AFFILIATES
MEDICAL DIRECTOR LETTERS on HR 1833
updated September 13, 1996
total: 35
WESTERN REGION
Central California (Fresno, Bakersfield, Merced, Madera, Oakhurst)
Pasadena (CA)
New Mexico (3 letters)
COPIES TO MEMBERS:
Medical
Dooley, Martinez
NORTH ATLANTIC REGION
Maryland (only have a fax copy: original went directly to President)
Mercer Area (Trenton, Hamilton, Hightstown, NJ)
HR-1833 letters ]
on
Suffolk County (NY)
Buffalo & Erie County (NY)
COPIES TO MEMBERS:
Greenwood, Specter, Zimmer
SOUTHERN REGION
Arkansas Vascular
North Central Florida (appears to be a copy)
Palm Beach & Treasure Coast Area (W Palm Beach, Belle Glade, Vero Beach, Lake Worth,
Stuart FL)
Orange & Durham Counties (NC)
Eastern OK and Western AK (PA staff letter as well)
Central South Carolina
Memphis TN
Central Texas
Houston and SE Texas
Blue Ridge (Roanoke, Charlottesville, Blacksburg, VA) (2 letters)
COPIES TO MEMBERS:
Ford, Tanner, Johnston, Hastings, Foley, Wilson, Jackson-Lee, Green, Bentsen, Hefner, Clayton,
Watt, Lambert Lincoln, Thornton
1120 Connecticut Avenue, N.W. Suite 461, Washington, DC 20036 (202) 785-3351 FAX (202) 293-4349
SEP-13-96 15:39 FROM PLANNED PARENTHOOD
ID: 2022934349
PAGE 17/17
GREAT LAKES REGION
East Central Illinois (Champaign, Clinton, Effingham, Ottawa, Lincoln, Bloomington, Hoopeston)
(3 letters)
Springfield (IL)
Greater Iowa
Kansas
East Central Michigan
West Michigan
Tri-Rivers Missouri
Central Ohio (Columbus OH)
Greater Cleveland (Lakewood, Bedford, Cleveland, E Cleveland OH)
Mahoning Valley (OH) (2 letters, 19 others from non-MDs)
North Central Ohio (Mansfield, Galion, Wooster OH)
Summit, Portage, and Medina Cts (Akron, Norton. Kent, Ravenna, Medina OH)
COPIES TO MEMBERS:
C. Levin (twice), Abraham (twice), Simon, Moseley-Braun, Camp (twice), Barcia, Chrysler,
Kildee, Kasich, Pryce, Hoekstra, Ehlers, Durbin, LaHood,
TO:
Melanne
FROM: Diana
RE:
Dr. Kizer's Request re February 22 California
Teleconference on Solutions to Handgun Violence against Youth
Dr. Ken Kizer is head of the California Wellness Foundation,
and would love for the First Lady to speak briefly on their
February 22 Teleconference about solutions to gun violence
against children. They suggest she do the opening comments or
whatever; it involves about 3 minutes of taped speaking time.
Donna Shalala, Barbara Boxer, Maxine Waters, Bill Bradley, Lynn
Woolsey, and Lucille Roybal-Allard are the national politicos who
are participating. Here are materials about the conference
participants and about the Foundation, which includes Faye
Wattleton on the Board of Directors.
This will obviously make Ken Kizer very happy.
February 8, 1993
Senator Terry Sanford
2500 Auburn Street
Durham, North Carolina 27706
Dear Senator Sanford,
Thank you so much for sending along the invitation to the
Duke University Medical Center health care conference. Academic
health centers certainly can contribute to solving America's
health care problems.
Mrs. Clinton is interested in exploring the possibility of
attending the conference, or of sending a representative from the
Health Care Reform Working Group. We will be forwarding Dr.
Snyderman's request to the health care scheduling office and hope
to act on it as soon as is practicable. Again, thank you for
sending along the request.
Sincerely yours,
Melanne Verveer
Deputy Chief of Staff
to the First Lady
February 8, 1993
Mr. Thomas L. Mason
State Representative
House of Representatives
Salem, Oregon 97310
Dear Representative Mason,
Thank you for sending along your proposal and your article.
Both will be valuable material for the Health Care Reform Working
Group to review. It is important for us to get these sorts of
perspectives from those of you in states where the health care
reform debate is ongoing.
I will be forwarding your materials to John Hart, the Health
Care Reform Working Group's liason in the Office of
Intergovernmental Affairs. He will be focusing on input from
state level officials in this vital issue.
Sincerely yours,
Melanne Verveer
Deputy Chief of Staff
to the First Lady
February 8, 1993
Senator Jim Duncan
Alaska State Senate
State Capitol
Juneau, Alaska 99801-1182
Dear Senator Duncan,
Thank you so much for your interest in the Health Care
Reform Working Group and for sending along a copy for your
commission's final report. It is important for us to get these
sorts of perspectives from those of you in states where the
health care reform debate is ongoing.
I will forward your letter, including your generous offer of
a contribution of your time, to John Hart, the Working Group's
liason in the Office of Intergovernmental Affairs. He will be
focusing on the concern of state level officials in this vital
issue.
Sincerely yours,
Melanne Verveer
Deputy Chief of Staff
to the First Lady
February 8, 1993
Arthur S. Flemming
William L. Taylor
Citizens' Committee on Civil Rights
2000 M Street, N.W.
Suite 400
Washington, D.C. 20036
Dear Dr. Flemming and Mr. Taylor,
Thank you for sending a copy of "New Opportunities". The
subject is one of great importance to the nation and of great
interest to me. I applaud your efforts to continue to make
progress on the status of civil rights in so many important
policy areas. With best wishes.
Sincerely yours,
Hillary Rodham Clinton
February 9, 1993
Kurt Konietzko, Ph.D.
710 Main Street #3
Keene, New Hampshire 03431-4031
Dear Kurt,
I was delighted to hear from you again. I hope all is going
well. As you requested, I have brought your resume to the
attention of the personnel office.
Thanks for your good wishes. I hope your recent surgery
went well.
Sincerely,
Hillary Rodham Clinton
February 9, 1993
Kurt Konietzko, Ph.D.
710 Main Street #3
Keene, New Hampshire 03431-4031
Dear Kurt,
I was delighted to hear from you again. I hope all is going
well. As you know, I will do whatever is possible to bring your
resume to the attention of the personnel office.
Thanks for your good wishes. I hope your recent surgery
went well.
Sincerely,
Hillary Rodham Clinton
February 8, 1993
The Honorable Barbara Boxer
United States Senate
Washington D.C. 20510
Dear Senator Boxer,
I want to thank you for your participation in the meeting on
health care reform arranged by the Majority Leader. Your
collaboration in this endeavor gives me much confidence that we
will succeed.
I appreciate your comments about women's and children's
health needs. Your point that only thirty percent of women are
covered by an employer-based health care system is one real
example of why health care reform must be addressed this year.
I look forward to working with you. I hope you won't
hesitate to give us the benefit of your advice.
Sincerely,
Hillary Rodham Clinton
THE WHITE HOUSE
WASHINGTON
November 21, 1995
Mrs. Zalayhar Hassanali
First Lady of Trinidad and Tobago
Dear Mrs. Hassanali,
It was a pleasure to see you in Asunción at the Fifth
Conference of Wives of Heads of State and Government of the
Americas and to participate with you in the discussions. I know
we agree that the convening was important in highlighting the
common challenges that we face in meeting the health and
education needs of women and children in our hemisphere. The
conference demonstrated that there is much we can do as First
Ladies to help meet these challenges.
It was especially gratifying for me to learn more about the
concrete ways that concerns are being addressed and model
programs are being developed throughout our region. We have so
much to learn from one another, and I look forward to continuing
to work together.
With warm regards, I am,
Sincerely yours,
Hillary Hillary Rodham Rodham Clinton Clinton
THE WHITE HOUSE
WASHINGTON
November 21, 1995
Mrs. Janice Compton
First Lady of Saint Lucia
Dear Mrs. Janice Compton,
It was a pleasure to see you in Asunción at the Fifth
Conference of Wives of Heads of State and Government of the
Americas and to participate with you in the discussions. I know
we agree that the convening was important in highlighting the
common challenges that we face in meeting the health and
education needs of women and children in our hemisphere. The
conference demonstrated that there is much we can do as First
Ladies to help meet these challenges.
It was especially gratifying for me to learn more about the
concrete ways that concerns are being addressed and model
programs are being developed throughout our region. We have so
much to learn from one another, and I look forward to continuing
to work together.
With warm regards, I am,
Sincerely yours,
Hillary Hillary Rodham Clinton
THE WHITE HOUSE
WASHINGTON
November 21, 1995
Mrs. Janet Jagan
First Lady of Guyana
Dear Mrs. Jagan,
It was a pleasure to see you in Asunción at the Fifth
Conference of Wives of Heads of State and Government of the
Americas and to participate with you in the discussions. I know
we agree that the convening was important in highlighting the
common challenges that we face in meeting the health and
education needs of women and children in our hemisphere. The
conference demonstrated that there is much we can do as First
Ladies to help meet these challenges.
It was especially gratifying for me to learn more about the
concrete ways that concerns are being addressed and model
programs are being developed throughout our region. We have so
much to learn from one another, and I look forward to continuing
to work together.
With warm regards, I am,
Sincerely yours,
Hillary Hillary Rodham Clinton
THE WHITE HOUSE
WASHINGTON
November 21, 1995
Mrs. Nilda Velasco de Zedillo
First Lady of Mexico
Dear Mrs. Zedillo,
It was a pleasure to see you in Asunción at the Fifth
Conference of Wives of Heads of State and Government of the
Americas and to participate with you in the discussions. I know
we agree that the convening was important in highlighting the
common challenges that we face in meeting the health and
education needs of women and children in our hemisphere. The
conference demonstrated that there is much we can do as First
Ladies to help meet these challenges.
It was especially gratifying for me to learn more about the
concrete ways that concerns are being addressed and model
programs are being developed throughout our region. We have so
much to learn from one another, and I look forward to continuing
to work together.
With warm regards, I am,
Sincerely yours,
Hillary Hillary Rodham Clinton
THE WHITE HOUSE
WASHINGTON
November 21, 1995
Mrs. Ivy Sylvia Lucille Cooke
First Lady of Jamaica
Dear Mrs. Cooke,
It was a pleasure to see you in Asunción at the Fifth
Conference of Wives of Heads of State and Government of the
Americas and to participate with you in the discussions. I know
we agree that the convening was important in highlighting the
common challenges that we face in meeting the health and
education needs of women and children in our hemisphere. The
conference demonstrated that there is much we can do as First
Ladies to help meet these challenges.
It was especially gratifying for me to learn more about the
concrete ways that concerns are being addressed and model
programs are being developed throughout our region. We have so
much to learn from one another, and I look forward to continuing
to work together.
With warm regards, I am,
Sincerely yours,
Hillary Rodham Clinton
THE WHITE HOUSE
WASHINGTON
November 21, 1995
Mrs. Josefina Villalobos de Durán Ballén
First Lady of Equador
Dear Mrs. Durán Ballén,
It was a pleasure to see you in Asunción at the Fifth
Conference of Wives of Heads of State and Government of the
Americas and to participate with you in the discussions. I know
we agree that the convening was important in highlighting the
common challenges that we face in meeting the health and
education needs of women and children in our hemisphere. The
conference demonstrated that there is much we can do as First
Ladies to help meet these challenges.
It was especially gratifying for me to learn more about the
concrete ways that concerns are being addressed and model
programs are being developed throughout our region. Your
presentation on children's education was very informative and
compelling. We have so much to learn from one another, and I
look forward to continuing to work together.
With warm regards, I am,
Sincerely yours,
Hillary Hillary Rodham Clinton
THE WHITE HOUSE
WASHINGTON
November 21, 1995
Mrs. Ximena I. de Sánchez de Lozada
First Lady of Bolivia
Dear Mrs. Ximena Sanchez de Lozada,
It was a pleasure to see you in Asunción at the Fifth
Conference of Wives of Heads of State and Government of the
Americas and to participate with you in the discussions. I know
we agree that the convening was important in highlighting the
common challenges that we face in meeting the health and
education needs of women and children in our hemisphere. The
conference demonstrated that there is much we can do as First
Ladies to help meet these challenges.
It was especially gratifying for me to learn more about the
concrete ways that concerns are being addressed and model
programs are being developed throughout our region. We have so
much to learn from one another, and I look forward to continuing
to work together.
The Secretariat for the Sixth Conference could be in no
better hands than yours, and I look forward to hearing about
plans for the next convening.
With warm regards, I am,
Sincerely yours,
Hillary Hillary Rodham Clinton
THE WHITE HOUSE
WASHINGTON
November 21, 1995
Mrs. Liesbeth Venetiaan Vanenburg
First Lady of Suriname
Dear Mrs. Vanenburg,
It was a pleasure to see you in Asunción at the Fifth
Conference of Wives of Heads of State and Government of the
Americas and to participate with you in the discussions. I know
we agree that the convening was important in highlighting the
common challenges that we face in meeting the health and
education needs of women and children in our hemisphere. The
conference demonstrated that there is much we can do as First
Ladies to help meet these challenges.
It was especially gratifying for me to learn more about the
concrete ways that concerns are being addressed and model
programs are being developed throughout our region. We have so
much to learn from one another, and I look forward to continuing
to work together.
With warm regards, I am,
Sincerely yours,
Hillary Hillary Rodham Rodham Clinton Cluton
THE WHITE HOUSE
WASHINGTON
November 21, 1995
Mrs. Aline Chrétien
First Lady. of Canada
Dear Mrs. Aline Chrétien,
It was a pleasure to see you in Asunción at the Fifth
Conference of Wives of Heads of State and Government of the
Americas and to participate with you in the discussions. I know
we agree that the convening was important in highlighting the
common challenges that we face in meeting the health and
education needs of women and children in our hemisphere. The
conference demonstrated that there is much we can do as First
Ladies to help meet these challenges.
It was especially gratifying for me to learn more about the
concrete ways that concerns are being addressed and model
programs are being developed throughout our region. We have so
much to learn from one another, and I look forward to continuing
to work together.
With warm regards, I am,
Sincerely yours,
Hillary Hillary Rodham Clinton
Bravo on your bravery!
THE WHITE HOUSE
WASHINGTON
November 21, 1995
Mrs. Josette Altmann de Figueres
First Lady of Costa Rica
Dear Mrs. Figueres,
It was a pleasure to see you in Asunción at the Fifth
Conference of Wives of Heads of State and Government of the
Americas and to participate with you in the discussions. I know
we agree that the convening was important in highlighting the
common challenges that we face in meeting the health and
education needs of women and children in our hemisphere. The
conference demonstrated that there is much we can do as First
Ladies to help meet these challenges.
It was especially gratifying for me to learn more about the
concrete ways that concerns are being addressed and model
programs are being developed throughout our region. We have so
much to learn from one another, and I look forward to continuing
to work together.
With warm regards, I am,
Sincerely yours,
Hillany Rodham Clinton
THE WHITE HOUSE
WASHINGTON
November 21, 1995
Mrs. Marta Larraechea de Frei
First Lady of Chile
Marta
Dear Mrs. Frei,
Thank you very much for your warm hospitality during my
visit to Chile. It was wonderful to spend so much time with you
and learn about the important work you are doing for the people
of Chile. I especially enjoyed the luncheon you hosted for me at
La Moneda.
It was also a pleasure to see you in Asunción at the Fifth
Conference of Wives of Heads of State and Government of the
Americas and participate with you in the discussions. I know we
agree that the convening was important in highlighting the common
challenges that we face in meeting the health and education needs
of women and children in our hemisphere. The conference
demonstrated that there is much we can do as First Ladies to help
meet these challenges.
It was especially gratifying for me to learn more about the
concrete ways that concerns are being addressed and model
programs are being developed throughout our region. I read your
presentation on "Education and Training for Women" with great
interest. We have so much to learn from one another, and I look
forward to continuing to work together.
With warm regards to you and your family and gratitude for
all you did to make my visit so special, I am,
Sincerely yours,
Hillary Hillary Rodham Clinton
THE WHITE HOUSE
WASHINGTON
November 21, 1995
Mrs. María Teresa Carrasco de Wasmosy
First Lady of Paraguay
Dear
Mrs. Wasmosy, Their
You have great reason to be proud of the Fifth Conference of
Wives of Heads of State and Government of the Americas. I know
what hard work was behind the flawless running of the event. I
was delighted to be able to participate. I know we agree that
the convening was important in highlighting the common challenges
that we face in meeting the health and education needs of women
and children in our hemisphere. The conference demonstrated that
there is much we can do as First Ladies to help meet these
challenges.
It was especially gratifying for me to learn more about the
concrete ways that concerns are being addressed and model
programs are being developed throughout our region. We have so
much to learn from one another, and I look forward to continuing
to work together.
Congratulations again on a wonderful conference. I am so
pleased with the Paraguay declaration, which commits us to
continuing our work on behalf of the health and education of
women and children throughout the hemisphere.
With warm regards and gratitude for your warm hospitality,
I am,
Sincerely yours,
Hillary Hillary Rodham Clinton
THE WHITE HOUSE
WASHINGTON
November 21, 1995
Mrs. Eugenia Morales de León Carpio
First Lady of Guatemala
Dear Mrs. León Carpio,
It was a pleasure to see you in Asunción at the Fifth
Conference of Wives of Heads of State and Government of the
Americas and to participate with you in the discussions. I know
we agree that the convening was important in highlighting the
common challenges that we face in meeting the health and
education needs of women and children in our hemisphere. The
conference demonstrated that there is much we can do as First
Ladies to help meet these challenges.
It was especially gratifying for me to learn more about the
concrete ways that concerns are being addressed and model
programs are being developed throughout our region. Your
presentation on measles elimination and children's immunizations
was very informative and a useful example for all of us. We have
so much to learn from one another, and I look forward to
continuing to work together.
With warm regards, I am,
Sincerely yours,
Hillary Rodham Cluta
Hillary Rodham Clinton
THE WHITE HOUSE
WASHINGTON
November 21, 1995
Mrs. Dora Boyd de Pérez Balladares
First Lady of The Republic of Panama
Diva
Dear Mrs. Pérez Balladares,
It was a pleasure to see you in Asunción at the Fifth
Conference of Wives of Heads of State and Government of the
Americas and to participate with you in the discussions. I know
we agree that the convening was important in highlighting the
common challenges that we face in meeting the health and
education needs of women and children in our hemisphere. The
conference demonstrated that there is much we can do as First
Ladies to help meet these challenges.
It was especially gratifying for me to learn more about the
concrete ways that concerns are being addressed and model
programs are being developed throughout our region. Your
presentation on measles elimination and children's immunizations
was very informative and a useful example for all of us. We have
so much to learn from one another, and I look forward to
continuing to work together.
Thank you also for your thoughtful expression of support for
my remarks at the United Nations Fourth World Conference on
Women.
With warm regards, I am,
Sincerely yours,
Hillary Hillary Rodham Clinton
THE WHITE HOUSE
WASHINGTON
November 21, 1995
Mrs. Bessie Watson de Reina
First Lady of Honduras
Dear Mrs. Reina,
It was a pleasure to see you in Asunción at the Fifth
Conference of Wives of Heads of State and Government of the
Americas and to participate with you in the discussions. I know
we agree that the convening was important in highlighting the
common challenges that we face in meeting the health and
education needs of women and children in our hemisphere. The
conference demonstrated that there is much we can. do as First
Ladies to help meet these challenges.
It was especially gratifying for me to learn more about the
concrete ways that concerns are being addressed and model
programs are being developed throughout our region. Your
presentation on measles elimination and children's immunizations
was very informative and a useful example for all of us. We have
so much to learn from one another, and I look forward to
continuing to work together.
With warm regards, I am,
Sincerely yours,
Hillary Rodham Rodham Clinton Clunton
THE WHITE HOUSE
WASHINGTON
November 20, 1995
Ambassador Thomas R. Pickering
United States Embassy
Moscow, Russia
Dear Ambassador Pickering,
Thank you very much for your note and for representing me at
the official presentation of Bristol-Myers Squibb's donation of
Phenyl-Free to the people of Russia. I was so pleased that Mrs.
Yeltsin could join you. As you know, her concern for Russian
children suffering from phenylketonuria prompted her inter-
vention, and I am very gratified that we were able to do
something to help alleviate the problem.
My gratitude to Alice and you for all you do and my warm
personal regards to you both.
Sincerely yours,
Hillary Hillary Rodham Rodham Clinton Cluiton
Embassy of the United States of America
Moscow, Russia
November 2, 1995
Dear Mrs. Clinton:
On Tuesday of this week I had the honor of attending the
official presentation of Bristol-Myers Squibb's donation to
Russia of the dietary supplement Phenyl-Free for children
suffering from phenylketonuria. Mrs. Yeltsin attended the
presentation, as well as Russian Deputy Minister of Health
Kocherovets, Dr. Baikov of the Moscow and Russian Centers for
Neonatal Screening, and Mr. John Knocklein of Bristol-Myers
Squibb.
Mrs. Yeltsin sends to you her deepest thanks and warm good
wishes. She was as usual gracious, clear, and concise in her
public remarks, thanking the company and you personally for
playing such an important role in the gift. She focussed
especially on the need to help children and promised that the
Phenyl-Free would be distributed all over Russia. She looked
forward to Russia becoming self-sufficient in the production of
pharmaceuticals of this type.
I am very pleased that I was able to attend the event and
thank you very much for all you did to make it possible.
Sincerely
C
Thomas R. Pickering
Ambassador
The First Lady,
The White House,
Washington, DC.