The South Dakota Supreme Court upholds a sexual assault conviction in a case involving testimony of an individual with developmental disabilities who was granted special conditions in court.
It stems from the conviction of Larry Richter of Sioux Falls who was found guilty of sexual contact with a person incapable of consenting.
Prosecutors say Richter repeatedly had sexual contact with the 19-year-old victim.
Richter appealed on several grounds, including arguing the victim should not have been allowed to take the witness stand with a stuffed animal. The judge granted that condition because the victim said it helped him remain calm.
The Supreme Court upheld the decision, saying circuit courts have broad authority over conduct of trials.
South Dakota Attorney General Marty Jackley issued a statement in support of the ruling.
“Testifying in court can be traumatic for people with developmental disabilities, and the circuit court in this case made the accommodations necessary for the witness,” said Jackley. “I commend the Supreme Court for understanding that while rejecting the defendant’s appeal.”
Justices also rejected three other arguments on which Richter appealed. The court ruled the state properly cross-examined Richter and that the state properly directly examined one of its witnesses. Justices also ruled the circuit court properly denied Richter’s motion for judgment of acquittal.