Rep. Tuttle discusses a new Maine Law(from Maine.gov news, Under the State House Dome Released by Legislature – House Majority Office)September 29th, 2006 A few years ago, my friend's daughter was kidnapped and raped. It was a heartbreaking experience and it's something that just makes me very angry. But what's worse is that today her attacker remains free. The district attorney couldn't successfully prosecute the case at the time because my friend's adult daughter has mental retardation and was unable to sustain her testimony under the pressure of the cross–examination. Fortunately, if this happened today, the outcome might be different. A new law that I proposed will allow adults with mental retardation to make recorded statements as part of their testimony, instead of being subject to the uncertainties and tensions of an open courtroom. These are the same protections we already provide to children, so they are not further scarred as we work to put the depraved individuals who commit these crimes in jail. We do this because young people need a greater level of protection to have the same fairness an adult would receive. And people with mental disabilities need the same protection too. At the public hearing, there were at least 50 people present who supported this bill. There were parents and advocates who have seen first hand the break–down in the legal system when pursuing cases involving a victim with mental disabilities. These cases are very challenging to prosecute and win because it is hard for victims to tell their stories without a harsh cross–examination that can lead to confusing questioning. I believe this law was long overdue and the support it received throughout the legislative process confirms that. The Judiciary Committee approved the bill with a unanimous report and the entire House and Senate also approved the bill. I also believe that we have a moral responsibility to ensure people with mental retardation are able to get justice in the courts and this law helps do just that. We need to continue to discuss openly the way we treat the members of our community who have mental retardation, always remembering they are our family, friends and neighbors. If you or someone you know has a family member or friend with mental retardation who needs assistance, there are many groups available to help, including
the Disability Rights Center, in Augusta. To contact the DRC go to To learn more about LD 1679, An Act To Amend Procedures Used in Criminal Proceedings in Which the Victim is Mentally Disabled go to: As always, I welcome your thoughts on these or any other issues. As a reminder, I will be holding weekly constituent hours every Sunday in my home at 176 Cottage Street, Sanford, from 1 p.m. to 4 p.m. To make an appointment, please call me at home at 324-5964. Contact: 100406 |