In a recent opinion issued by the Arizona Court of Appeals, Division Two, the court overturned a defendant’s convictions for sexual conduct with a minor and indecent exposure to a minor. The opinion highlights the fact that trial courts must make a careful decision when one party requests to close the courtroom during trial. In this case, the State asked to keep nonessential people outside of the courtroom while the victim in the case testified. On appeal, the defendant argued that this decision to close the courtroom was unconstitutional, and ultimately, the higher court agreed.
Proceedings Before the Lower Court
The defendant was originally criminally charged after the victim, the daughter of his girlfriend, came forward and indicated that he had been sexually assaulting her for several years. According to the victim, the defendant was in charge of looking after her while her mother worked overtime, and it was during these instances that he would force her to have sex with him.
The defendant’s case went to trial, and the victim took the stand to testify. Court records indicate that the girl was 16 at the time of trial and that she was very nervous about testifying. A few minutes into her testimony, the State asked the trial court judge if he would close the courtroom and tell all “nonessential” individuals to leave the proceedings. The defense objected, but the trial judge decided to close the courtroom in order to give the victim some privacy.