Haleigh Poutre may still testify

October 1, 2008 04:55 PM Email| Comments (0)| Text size – +

By Patricia Wen, Globe Staff

SPRINGFIELD -- A Hampden County Superior Court judge this morning suspended a competency hearing for Haleigh Poutre until defense attorneys decide whether they will call her as a witness in the case against her stepfather.

Haleigh Poutre

Alan Black, defense attorney for Jason Strickland, said he has not ruled out calling the 14-year-old girl to the stand. Strickland is charged with contributing to the abuse that caused severe brain injuries in Haleigh.

Black requested an opportunity to interview Haleigh, as state prosecutors have already done several times, to determine her competency and what she might say if she does testify. Superior Court Judge Judd Carhart had previously denied that request, and this afternoon he did so again, saying witnesses have a right to refuse interviews with defense counsels.

The state's child protection agency, the Department of Children and Families, and the child's guardian ad litem have both opposed motions by the defense attorneys to interview Haleigh.
Black had indicated today that he may appeal if he is denied access to Haleigh.

In a separate order, Carhart this afternoon denied the DCF's request to bar the media from covering any future courtroom testimony of Haleigh. The agency had said media coverage would, among other things, violate the girl's need for privacy.

"The additional media coverage of an appearance by Poutre at this trial would not significantly impair Poutre's privacy more than has already occurred," Carhart said.

The judge added, however, that if Haleigh should eventually testify, the media would not necessarily be allowed to cover the girl's testimony "in any manner it chooses." The judge had said in court this morning that he may impose some limitations on the media, such as restricting the use of visual or broadcast images.

Since Haleigh emerged from a coma in the fall of 2005, she has had an impressive recovery out of public view. She can now communicate with simple sentences and attends a special day school.