Lincoln Journal-Star: A judge ruled June 29 that prosecutors can use a therapist to interpret for alleged victims with developmental disabilities in an upcoming jury trial against a former Beatrice State Developmental Center employee.
District Court Judge Paul Korslund overruled a motion by defense attorney Brett McArthur that would have limited the testimony. Prosecutors plan to use a therapist to interpret verbal and nonverbal communication by three people with developmental disabilities against former employee Matthew L. Pangborn, 31.
Pangborn was arrested in October 2011 after an internal BSDC investigation pointed to instances of alleged abuse and neglect of several people living in the Kennedy 106 unit by Pangborn and four others.
Korslund cited a 1990 precedent in Nebraska v. Plant in which a child psychologist testified in place of a 4-year-old child in a murder case. The Nebraska Supreme Court used what it called a “residual hearsay exception” to allow the therapist to testify for an “unavailable witness.”
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