WAFB Channel 9, Baton Rouge, LA |Ten-year-old witness scheduled to testify in double murder trial

Ten-year-old witness scheduled to testify in double murder trial

By Jim Shannon - bio | email

BATON ROUGE, LA (WAFB) - A judge ruled Thursday that a ten-year-old boy who witnessed the murders of his grandfather and uncle will testify via closed circuit television against the two defendants.

Kenny "Kool-Aid" Kyser and Julius Thomas, III stand accused of killing 61-year-old Hillery Soileau and his son, Brandon. The then seven-year-old was hiding in the closet and survived the ordeal.

Testifying in court can be a traumatic experience for young children. Clinical psychologist Allison McCain testified to that fact and convinced Judge Richard D. Anderson to allow a ten-year-old witness in a double murder to testify via television. "Usually very stressful, they don't really understand what's going on in the courtroom," McCain said. "They think they may get in trouble if they don't handle it well. Um, they don't understand the language, the legal ease, what tends to be a very stressful, kinda scary situation for children."

Lawyers for Kyser and Thomas disagree with the decision, saying the TV testimony is a violation of the defendant's rights. "The defendant has the right to confront his accusers," said defense attorney Henry King. "That is a basic constitutional right and is to be weighted in this case against the ability of the defendant to come in open court and testify."

District Attorney Hillar Moore stresses witness protection and says he's pleased with the court's decision. "This is a kid that was seven years old at the time, currently ten," he said. "He was evaluated by a psychiatrist and their recommendation for this child to portray the information that he's learned the best to the jury, that this is the way it should be done. Also, it's in his best interest for his future memory to do it in this manner." 

Defense attorneys plan to take the matter a step further and send an objection to the First Circuit Court of Appeal immediately. "I acknowledge it was a traumatic situation for the child," said defense attorney Chiquita Tate. "But whether or not it rises to the level of his testimony being seriously traumatic distress under the statute is the question I'd like the appellate court to review."

"They're entitled to take whatever writ that they wish," Moore said in response. "But the judge ruled based on what he was provided and I believe that the judge ruled exactly and will be upheld."

The trial starts Monday in district court.