Judge: Severly Disabled Autistic Students Must Testify Against Teacher

[The Straight Story]

Judge: Severly Disabled Autistic Students Must Testify Against Teacher

POSTED: 8:44 am EST January 19, 2007
UPDATED: 9:11 am EST January 19, 2007

SANFORD, Fla. -- Five severely autistic teenagers must testify against a teacher charged with abusing them, a judge has ruled.

Circuit Judge Clayton Simmons made the ruling at a pretrial hearing Thursday in the case against Kathleen Garrett. Trial is expected to begin next week against the 26-year veteran of Seminole County public schools charged with physically abusing the students, who ranged in age from 12 to 15.

Garrett was arrested in November 2004 on charges that she abused autistic students in her class at South Seminole Middle School in Casselberry, even chipping one boy's teeth by slamming his face into a desk.

Other allegations include beating children, humiliating them, pushing one's face into vomit and disciplining some behind closed bathroom doors, where screaming and sounds of furniture banging around could be heard.

http://www.local6.com/news/10792231/detail.html

Defense attorney Thomas Egan argued that it is vital for jurors to see the kind of students Garrett supervised.

[Warpy]

1. Sure, let 'em

These kids may appear to be out of control, but they're also HELPLESS.

Should be good for a conviction.

[mmonk]

4. True, it could backfire

but most people out there aren't really informed on the issue.

[mmonk]

2. So the point is that autistic children are violent or should be

violently disciplined? Most I have been exposed to are not. Some may have another disability in addition to autism. And even those shouldn't be abused.

"Defense attorney Thomas Egan argued that it is vital for jurors to see the kind of students Garrett supervised."



Any judge that goes along with this is inhuman. He is pure sh*t garbage.

[Sapphire Blue]

3. Court sanctioned continued abuse of these children.

I sincerely hope it culminates in Garrett receiving the full 75 year sentence.

(edited to add: )... and removal from the bench of :puke: 'his honor', the judge.

[noonwitch]

5. Are they able to testify?

If they are, then they should do so. The accused teacher has the right to a fair trial, and I'd hate to see a conviction overturned by a higher court due to something like this.

I just wonder how verbal the kids in question are. Some autistic kids don't speak at all.

[mmonk]

6. The article doesn't really state if these children

are only autistic or not. Some special needs kids have multiple disabilities and the autism spectrum is wide. Having a traumatized special needs child face the person that abused them and testify against that person shouldn't be done without a professional psychologist there on their behalf. Any testimony could be surpervised and produced in a different manner to the court IMO.

[GreenPartyVoter]

7. That was my first thought too.

[mmonk]

8. Also something to think about,

a kid that already has social and communication deficits facing a lawyer who in his practice, can twist anyone's words around seems just a tad unfair. There needs to be someone who works in the field of autism present to ask the questions.

[PA Democrat]

9. I strongly disagree with this judge's ruling.

It is extremely unlikely that a child classified as "severely autistic" would be capable of providing courtroom testimony. Severe deficits in language are hallmarks of autism. Furthermore, people with autism have difficulty dealing with changes in their routines and excessive amounts of sensory stimulation. A child who is severely impacted with autism could be predictably upset by the ordeal of a courtroom appearance and would be more likely to have a behavioral breakdown. It appears that this is just what the defense attorney is hoping for in an attempt to elicit sympathy for his client.

Furthermore, a number of classroom assistants have stated that they were aware of the abuse "for years" but were afraid to speak out. So why is the testimony of the children necessary? Article below:

http://www.local6.com/news/3971547/detail.html

I find the defense attorney's comment about the children's behavior to be despicable. No one has, as of yet, cured a child of autism by physically abusing them. In fact, punishment is pretty much ineffective in affecting positive changes in behavior in a child with autism. There's lots of research to back this up, and the use of physical abuse more than likely exacerbated these kids' behaviors.