Iowa Justices Order New Trial because of Child’s Remote Testimony

In a split decision, the Iowa Supreme Court is granting a West Des Moines doctor convicted of sexually abusing a child a new trial because the child testified through a live video feed shown in the courtroom.

The Iowa Supreme Court ruled last year that defendants have a constitutional right to confront their accusers in the courtroom. The justice who wrote the majority opinion says the Iowa Constitution of 1857 reflects concerns that there could be “false testimony” if a defendant does not get to confront an accuser face-to-face during trial.

Iowa’s attorney general and some state lawmakers have proposed a constitutional amendment that would overturn the court’s rulings on face-to-face testimony, but it would take several years before the issue could appear on the ballot for Iowa voters.

Iowa is currently the only state that does not allow children or witnesses with disabilities to testify remotely.