United States v. Garcia (1993)

Lorenzo Garcia (defendant) was charged with sexually abusing his minor niece. The prosecution moved to let the victim testify via closed-circuit television rather than in the courtroom, as federal law permitted under certain conditions. At hearings on the motion, a mental health professional who had counseled the victim testified the child was shy and ashamed to discuss the abuse and would likely suffer emotional trauma testifying in front of Garcia, and a second expert, who had not personally met the victim, testified that a similarly situated child would likely be hesitant and could suffer distress testifying in open court. The trial judge also personally interviewed the victim in chambers, where she showed shyness and expressed fear of testifying in Garcia's presence. The court granted the motion, the victim testified by closed-circuit television, and the jury convicted Garcia, who appealed on Sixth Amendment confrontation grounds and challenged the admission of both experts' testimony.