State v. Warren

A five-year-old girl was admitted to a hospital for treatment of a very neglected head wound. The child also had multiple suspicious wounds in different stages of healing. The hospital contacted authorities, and the child was placed in foster care. A few weeks later, the child disclosed to a caretaker that her mother, Erin Warren (defendant), had abused her. Warren was charged with assault. The prosecution was concerned that if the child saw Warren in the courtroom during trial, the child would become unresponsive and unable to testify. The prosecution moved to have the child testify through a one-way video feed from a different location within the courthouse. The child would still be under oath, Warren and the jury could still see the child’s facial expression and demeanor while testifying, and Warren’s attorney was still able to cross-examine the child in real time. However, the child would be physically outside Warren’s presence and unable to see Warren. Warren objected that this procedure violated her right under the New Hampshire Constitution to “meet the witnesses against [her] face to face.” The trial court found that forcing the child to testify in Warren’s physical presence could cause the child additional mental or emotional injury and that the prosecution’s suggested video procedure provided Warren with adequate confrontation opportunity. The trial court granted the motion, and the child testified through the one-way video. The jury convicted Warren of first-degree assault for child negligence and second-degree assault for child abuse. Warren appealed to the New Hampshire Supreme Court.