Updated Mon, May 5, 2014 4:34 pm
After arguments from both sides and multiple continuations, the alleged victim in the case of an Albany woman accused of raping a 10-year-old, will be allowed to testify via closed-circuit television. The testimony, however, will not happen this month.
Jennifer Davidson, 37, of Albany, is still waiting to find out when her trial on rape charges, which was scheduled to begin Tuesday in Athens County Common Pleas Court, will be held.
She is accused of allegedly raping a 10-year-old girl after taking her to a park, an action for which she also faces a kidnapping charge.
Judge George McCarthy heard arguments Friday from defense attorney Glenn Jones and Assistant County Prosecutor Rob Driscoll on whether or not to delay the trial. Jones said he needed more time to look at evidence, but Driscoll has maintained in multiple arguments against postponing the trial, that the case has gone on long enough.
Davidson was indicted on June 10 of 2013 for the incident that allegedly took place in May of last year. The right to speedy trial was waived in the case until June 30 of this year, according to court documents, but McCarthy has not ruled yet on whether the trial will happen in early June or later in the month.
But whenever the trial is scheduled, it will include testimony by the alleged child victim in the case. The prosecution made a motion to allow the child to testify without Davidson present because of a "substantial likelihood" of emotional trauma, refusal of the child to testify or the inability of the child to communicate about the allegations, all factors in the Ohio Revised Code to allow such testimony.
"What we really want is the truth," said Athens County Prosecutor Keller Blackburn.
Jones argued that it was only the prosecuting attorney's opinion that the child would suffer emotional trauma and not grounded in evidence.
The testimony will be held in the courthouse, but in a separate room from Davidson. In the room with the child will be the judge, representatives from the prosecution and the defense and a child advocate. The testimony will be broadcast so that it can be seen by all parties and the jury.