Though an accused child molester’s trial is set to begin a little more than a month from now, both sides are still arguing if the alleged victims in the case will testify in court.
Thomas Shifflet, 76, was charged with three counts of gross sexual imposition, one count of rape and one count of sexual imposition.
Shifflet allegedly raped a 4-year-old on June 27, 2011 and molested a 3-, 7-, 11- and 12-year-old between November 2010 and June 2011, according to court documents.
Athens County Court of Common Pleas Judge Michael Ward found the alleged victims competent to testify in court, but Assistant Prosecutor Robert Driscoll filed two motions earlier this month for the children not to testify.
Driscoll is arguing to have the alleged victims testify via a closed-circuit television and to have recordings of their interviews be used as evidence.
Shifflet’s attorney, John Lavelle, said he does not want the recordings made of the victims’ interviews to be used as evidence. He said there were numerous errors between the recording transcripts and the recordings.
The mother of the 4-year-old, who testified at the hearing, said her child told everyone in interviews what she said Shifflet did to her the day of the incident.
However, the 4-year-old’s mother said her child would not tell the court if Shifflet is present.
“Now she is afraid of him and asked if he knows where we live,” she said, adding that her child started wetting the bed two months after the alleged incident because she is afraid to get up at night.
Lavelle accused the 4-year-old’s mother of hearsay for saying how her child feels about Shifflet. Ward allowed her to speak and said it was important in determining if the 4-year-old could testify in court.
The two sides could not come to a decision about the children testifying and the hearing was continued to another date.
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