Judge won't allow criminal defendants to testify at YDC trial
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Apr. 25—A superior court judge will not allow eight criminal defendants to testify as part of a trial on a lawsuit filed by a former resident of the Youth Development Center alleging abuse in the 1990s.
The witnesses were expected to invoke their right against self-incrimination, according to court documents.
"The witnesses cannot assert their constitutional privileges before the jury," Judge Andrew Schulman wrote in an order.
The civil lawsuit, filed by former YDC resident David Meehan in 2020, alleges the state failed in its duty to protect him and was guilty of negligence at YDC in Manchester and the Sununu Youth Services Center complex, which later replaced the YDC.
The trial is taking place in Rockingham County Superior Court.
Eleven people have been charged with abuse of children in state custody at the Manchester facility and at a Concord facility between 1994 and 2007. Eight of those appear on the witness list.
Over four days in court, Meehan highlighted abuse by several of those charged.
On Thursday, the state's attorney, Martha Gaythwaite, brought up an issue with one of the witnesses speaking about a settlement fund developed by the state Legislature for others who claimed abuse while at YDC.
The state is playing a unique role in defending the Department of Health and Human Services and other departments against the lawsuit while prosecuting the criminal cases.
Schulman said the state does "not necessarily benefit" from the ruling and Meehan is "not necessarily disadvantaged" by the ruling.
He also mentioned the serious nature of the charges.
'No competent attorney'
"No competent attorney would recommend that a client charged with such offenses waive their privilege" Schulman wrote. "This is true regardless of guilt or innocence. The assertion of privilege under these circumstances is not strong evidence of guilt — it is strong evidence of sanity in the face of indictment."
The state in its opening statements said it shouldn't be held responsible for the actions of "rogue" employees.
The state had claimed that allowing the criminal defendants to plead the Fifth should not be permitted under Rule 403, which allows a judge to exclude relevant evidence if its value is substantially outweighed by its potentially prejudicial effects.
Lawyers David Vicinanzo and Rus Rilee said the witnesses were integral to the case and would give Meehan a fair opportunity to present his case to the jury. They allege the acts of the individual employees "were aligned in a common plan or design to create a culture of silence, secrecy and abuse."
Rilee said he couldn't comment on the case during trial.
The trial is expected to last at least another week.