Trial Notes-CCI Facility Dog Stilson Accompanies Victim to the Witness Stand

This was a case in which the victim had previously been molested by one brother, and her other brother, a level 2 registered sex offender at 15 years old, drilled a hole through her bedroom wall to watch her undress.

I asked the court to permit our facility dog Stilson to sit beside the victim while she testified. In support of my request I cited Per ER 611which states:
"The court shall exercise reasonable control over the mode and order of interrogating witnesses...so as to (1) make the interrogation and presentation effective for the ascertainment of the truth, (2) avoid needless consumption of time, and (3) protect witnesses from harassment or undue embarrassment."

Even though this was a juvenile court bench trial, the defense still objected to the use of Stilson during the victim’s testimony.

Defense counsel argued that a dog in the courtroom detracted from the serious nature of the proceedings and would give the victim the impression that this was not a serious matter. She also argued that Stilson’s presence would distract the victim as she testified.

The counter argument would be that Stilson makes the proceedings no less serious than a seeing eye dog for a blind witness would, and that Stilson had been present for the defense interview and provided no distraction for the victim.

The defense next argued that the victim didn’t need Stilson because she had done so well during the defense interview answering the questions openly with no emotional difficulties.

Once again I pointed out that Stilson had been present for the defense interview and may have played a large part in her ability to make it through the interview so well.

To demonstrate Stilson’s unobtrusiveness, Keri and I brought him into the courtroom about 10 minutes before our case was called. Stilson also accompanied me up to counsel table. The court had no idea he was even there. I did a little demonstration for the court of his ability to follow commands as well.

Judge Kurtz cited to State v. Hakimi, 124 Wash.App. 15, 98 P.3d 809 (2004), a Division I case in which a victim was permitted to take a doll to the stand as she testified. Judge Kurtz also made a finding that Stilson “minds very well.”

Judge Kurtz required the State to make a lengthy record about Stilson’s training and experience in court, but finally ruled that Stilson could sit with the victim

The judge wanted us to go straight into opening statements, so Stilson was even permitted to lie at my feet as defense and I gave our opening statements.

Stilson was allowed to accompany our 12-year-old victim to the stand and lie at her feet as she testified. Stilson did a beautiful job as the victim testified.

As the victim left the courtroom with Stilson, Judge Kurtz thanked her for her testimony and said for the record, “Stilson was a very good dog.”

Valerie S. Shapiro
Deputy Prosecuting Attorney - Juvenile SAU
Snohomish County Prosecuting Attorney
3000 Rockefeller Avenue, M/S 504
Everett, WA  98201
(425) 388-7993
Valerie.Shapiro@co.snohomish.wa.us