SUPERIOR Court Associate Judge Joseph N. Camacho said he will issue a ruling on Wednesday, June 23, 2021, on whether to treat the testimony of a 13-year-old witness as hearsay or not.
The witness said she did not see the defendant actually punching a 3-year-old boy in the face,
The defendant is Stacey Laniyo, 37, who was charged with child abuse following the death of Kody Fitial, 3, in March 2020.
In her testimony on Monday, the 13-year-old witness told the court that Laniyo threatened to hurt her if she talked to Division of Youth Services investigators regarding the boy’s death.
The witness also said she saw how Laniyo “elbowed” the victim’s fingers “when he was not behaving.”
But during the cross-examination by defense attorney Mark Scoggins, the 13-year-old said she didn’t actually see Laniyo punch the boy, but added that the child himself told her about being punched in the face.
“You didn’t actually see the punch but, instead, heard about it from the victim,” Scoggins said. “And the prosecution went ahead and made you testify about it in court as if you had seen it.”
Judge Camacho has ordered the prosecution and defense to file briefs on the issue of a witness’ prior statements and cross-examination testimony.
The judge held a hearing on the briefs on Tuesday afternoon without the jury.
At the hearing, the prosecutor, Assistant Attorney General Coleen St. Clair, accused Scoggins of “leading the jury to believe that she [the 13-year-old witness] fabricated her testimony,” and that she had “improper undue influence.”
Scoggins, for his part, stated that the government had failed to meet the standards for admitting into evidence a witness’ prior statements.
“The government is upset because I impeached their witness,” he added.
Following the exchange, Judge Camacho said he will issue a ruling when the jury trial resumes Wednesday at 8:30 a.m.
Laniyo and her partner, Lynn Fitial, were each separately charged with one count of child abuse. The court has granted their request to have separate trials.
Laniyo and Fitial, 45, were arrested following the death of Kody Fitial in March 2020. The boy was an adopted son of Fitial and was in the care of Laniyo.
According to the prosecution, Laniyo struck the boy with a tree branch, a broom, or her hand or by biting him, “resulting in injury clearly beyond the scope of reasonable corporal punishment and harming or threatening the child’s physical or mental health and well-being.”
As for Fitial, the prosecution said she failed to provide medical care for the boy resulting in his death.
Joseph N. Camacho
