2 Children Excused From McMartin Case Testimony

Two of the four children still scheduled to testify in the McMartin Pre-School child molestation case will not be called during the preliminary hearing, prosecutors said today.

Prosecutors decided not to call one of the children, and the parents of the other youth chose not to let the youngster testify “for confidential reasons,” Deputy Dist. Atty. Glenn Stevens said.

Municipal Court Judge Aviva K. Bobb also ruled this morning that hearsay testimony will be allowed during the remainder of the preliminary hearing, which began 13 months ago. That ruling will allow parents or psychologists to testify about the alleged fears of the children involved.

The preliminary hearing will determine if seven former McMartin Pre-School teachers, including the school’s founder, 77-year-old Virginia McMartin, should stand trial.

Stevens said losing the two witnesses was unimportant, while the hearsay ruling was significant.

“The case is not unraveling. The number of witnesses has declined,” he said.

About hearsay evidence, he said, “Unless we can use hearsay, it would be difficult to prove the fear these children are under.”

On Thursday, Bobb ruled that the defense could not use its own psychologist to interview child witnesses because it could cause the children unnecessary trauma.

Defense attorneys argued that psychologists used by the prosecution were chosen by parents and law-enforcement officials and that their questioning could be biased.

In denying the request, Bobb said the court had to weigh the interests of the children above the rights of the defense to obtain non-therapeutic interviews.