554 N.W.2d 899
No. 103393.Supreme Court of Michigan.
October 4, 1996.
Leave to Appeal Denied October 4, 1996:
Court of Appeals No. 148729.
LEVIN, J. (dissenting).
I would grant leave to appeal.
When an underage girl testifies in a CSC case that she is fearful of the defendant, the court may, it appears, permit her to testify outside the presence of the defendant. This could be accomplished by having her testify from an adjoining room, with her testimony being televised by closed circuit into the courtroom.
Some underage girls will be fearful of the courtroom setting, and for that reason their testimony might be televised from one room to another.
Requiring the defendant to leave the courtroom suggests that the court has concluded that there is substance to assertions that the victim is fearful of the defendant. That is clearly prejudicial.
This Court should grant leave to appeal to consider what is appropriate in a Michigan courtroom. That is not controlled by United States Supreme Court decisions concerning the minimum requirements of the Confrontation Clause.
CAVANAGH, J.
I would grant leave to appeal.