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State v. Magee5/6/2005
in forensic interviewing of children. She holds a bachelor's degree in psychology from Indiana University, a master's degree from Tulane University, and a forensic social work certificate from Tulane University. She testified she is a member of the National Association of Social Workers and, at the time, was a member of the National Children's Advocacy Centers. Ms. Striker further testified that she had conducted approximately six hundred forensic interviews. We conclude that Ms. Striker was qualified as a "social worker" within the meaning of La. R.S. 15:440.4(A)(5).
The second reason why the date of Ms. Striker's licensure is irrelevant here is that even if we were to find that Ms. Striker was not a "social worker" under the statute, its requirements were nevertheless satisfied because law enforcement officers supervised the interviews of D.H. and G.H. A "law enforcement officer" is one of the eligible required persons in Paragraph (A)(5). At the time Ms. Striker interviewed D.H. and G.H. separately in the interview room, two law enforcement officers, Officer Stewart and Detective Adams, observed the interview on a monitor from the viewing room, next door to the interview room. While conducting the interview, Ms. Striker wore an "ear piece" which enabled the officers to prompt her to pose any questions the officers might have wanted answered. Also present in the viewing room at the time of the interviews were Ms. Lyons, the child welfare superervisor, and Ms. Fanz, the foster care worker. We find no error in the trial court's ruling on the admissibility of the videotaped interviews of D.H. and G.H. This assignment of error is likewise without merit.
DECREE
The convictions and sentences of the defendant, Dennis L. Magee, are affirmed.
CONVICTIONS AND SENTENCES AFFIRMED.
ADDENDUM TO OPINION
Excerpts from Transcript of Sidebar Conference with Ms. Magee
THE COURT: Mr. Gatewood. Okay. Go on ahead and tell them.
MRS. MAGEE: I had no idea. Carolyn Taylor lives next door to me.
...
MRS. MAGEE: And I was told what had happened to some of the children that were staying with her, but I had no name and I had no idea that this had anything to do with anything. I mean, she is my next-door-neighbor. We don't speak all the time, but we are neighbors.
THE COURT: Do you feel like you can be fair and impartial in this case being you are next-door-neighbors?
MRS. MAGEE: I think I can.
...
EXAMINATION BY MR. GATEWOOD (Prosecutor):
The only thing I would ask is this, you understand that whatever you may have heard back then is not evidence?
A: Yes, I do understand.
Q: And not facts, and you don't even know--since you don't know names, whether that has anything to do with this?
A: Yeah, you are right.
Q: If you stay on this jury, you have got to base your decision only on what you hear in this court. Can you do that?
A: Yes, I think I can.
EXAMINATION BY MR. ALFORD (Defense Counsel):
Q: This is not your fault, and we appreciate your coming forward. I made statements in my opening statement that I have been led to believe, if you through your sources have an opinion already as to the truthfulness or the falsity of my statements, I think I need to know that now, you see.
A: I know her as a neighbor.
Q: Uh-huh (affirmative response).
A: Okay. Therefore, I probably know her better than you do.
Q: Uh-huh (affirmative response).
A: But whether I know her or n
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