07-16-2007, 06:36 PM
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#1 (permalink)
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People in masks cannot be trusted
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Rape case bans the word 'Rape'
Article
Quote:
Judge who banned word 'rape' in rape case declares mistrial
LINCOLN, Neb. — Before a jury was even seated, a judge declared a mistrial Thursday in a sex-assault case where he had barred the words "rape" and "victim" among others.
Judge Jeffre Cheuvront of Lancaster County District Court said protests and other publicity surrounding the rape case against Pamir Safi, 33, would have made it too difficult for jurors to ignore everything they heard before the trial, which had been expected to begin next week.
A jury was in the process of being selected when Cheuvront declared a mistrial.
Safi is accused of raping Tory Bowen in 2004. He said they had consensual sex, but she said she was too drunk to agree to sex and that he knew it.
Cheuvront barred attorneys and witnesses from using words including "rape," "victim," "assailant" and "sexual-assault kit," and ordered witnesses to sign papers saying they wouldn't use the words. Words such as "sex" and "intercourse" were allowed.
State law allows judges to bar words or phrases that could prejudice or mislead a jury.
Bowen, 24, was fighting the ban, arguing that it hurt her testimony because she had to pause and make sure her words wouldn't violate the ban. She said: "I want the freedom to be able to point (to Safi) in court and say, 'That man raped me."'
The Associated Press usually does not identify accusers in sex-assault cases, but Bowen has allowed her name to be used publicly because of the issue over the judge's language restrictions.
In a written explanation of his ruling, Cheuvront said Bowen and her friends drummed up pretrial publicity that tainted potential jurors.
They signed a petition decrying the word ban and posted it on a Web site that encouraged people to gather in front of the courthouse Monday to protest, Cheuvront wrote. Monday was the first day of jury selection; another rally occurred Wednesday.
"The inescapable conclusion from the petition promoting the rally is that Ms. Bowen and her friends hoped to intimidate this court and interfere with the selection of a fair and impartial jury," Cheuvront wrote in his order released Thursday afternoon.
Bowen said she did not intend to taint the jury and wants closure in the matter, but chose to speak out after Cheuvront's order because "silencing rape victims is something that has been done for far too long."
Cheuvront also wrote the trial would be continued, with a date to be set later, and that the court may move the trial to a different county.
Advocates for rape victims criticized the restrictions, saying they discourage victims from reporting crimes, and held rallies on Bowen's behalf.
Safi's lawyer Clarence Mock said the restrictions on language would help ensure Safi's rights, and accused Bowen and her supporters of engaging in an "irresponsible, reprehensible public campaign" to improperly influence jury selection.
"I think the proper way to influence jurors is in the courtroom, not by placing tape over your mouth and holding placards," he said.
One of Bowen's lawyers, Sue Ellen Wall, said the mistrial made it unlikely that they will appeal the judge's language order in federal court.
Messages left with prosecutors were not returned Thursday.
The judge had also ordered the ban in Safi's first trial, which ended in a hung jury in November.
Speaking outside the courthouse Thursday, Bowen said she was disappointed by the mistrial decision but remains resolved to see Safi tried again.
"If I have to turn into a human thesaurus ... I will do it," she said.
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Without really knowing more of the facts it is hard for me to take a side. And I understand the need for a fair trial has to weigh both sides and not be able to bias the jury to irrelevant facts. But to me this story is scary for a different reason, for the possible precedent that it may set for other rape (assault) cases.
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