United States v. McCray

2017 WL 6471654 (2017)

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United States v. McCray

United States District Court for the Northern District of Georgia
2017 WL 6471654 (2017)

  • Written by Sharon Feldman, JD

Facts

William McCray (defendant) was indicted for sex trafficking of a minor and other crimes. The government (plaintiff) moved in limine to allow the victim, A.B., to be in the courtroom during the trial and related proceedings, arguing that the victim was entitled under the Crime Victims’ Rights Act (CVRA) to attend the trial even if she would be testifying. The government maintained that because A.B. was the only victim in the case, she would not be influenced by other victims’ testimony; A.B. had been interviewed by law enforcement, including twice on video, making any alterations in her testimony impeachable; and all of A.B.’s testimony would be corroborated by other evidence. McCray objected and maintained that the victim should be required to observe the proceeding remotely by video feed, which would eliminate the prejudicial effect of her presence in the courtroom and the government’s improper effort to inject sympathy into the trial.

Rule of Law

Issue

Holding and Reasoning (Duffey, J.)

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