Westchester boy testifies about molestation

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His little head was barely visible behind the microphone on the witness stand. But his voice was certainly heard.

Today, a now 10-year-old boy told an Airport Courthouse jury about how family friend Francis Miguel Cuellar, 40, wrote "S-E-X" on the boy's chest with his finger before kissing his cheek and fondling him. (Watch for the full story later on dailybreeze.com).

It's never nice to watch any victim testify, ever. But something happens to a courtroom when a child takes the stand. You can almost hear everyone holding their breath as some very real, heart-wrenching tale of innocence lost is told from the mouth of a babe.

There are rules to determine if a child witness is competent to testify. They must be able to understand and answer simple questions, and demonstrate they know the difference between a truth and a lie. Child witnesses are not subject to take an oath against perjury, either.

On Friday, Deputy District Attorney Liliana Gonzalez put the boy through a series of questions before even getting to the crux of the evidence. She asked him his age, and it was hard to suppress a smile as he forgot that he turned 10 about a week ago. He was asked what he did for his birthday (Magic Mountain and a sleep over) and if it was fun (yes).

He came across as a very bright boy who, in my opinion, did better testifying than many adults I've seen. He listened to each question, answered it succinctly, spoke clearly and was plainly himself.

They went on to talk about his family, his pets and soccer. Then, Gonzalez asked if she told him the name of his soccer team was the Daffy Ducks (it's not) and their uniform is purple (it's blue), would that be the truth or a lie? Assuredly, he confirmed that would indeed be a lie.

"What happens if you lie?" Gonzalez asked.

"I get in trouble," he replied.

While some research implies that it is traumatic for kids to testify in court, other research says it empowers kids, giving them a voice and making them feel as if they are important - which can go a long way in helping them heal. I don't know which is true, but I can tell you this - that boy owned the courtroom and faced a terrible situation with courage. For that, he deserves kudos. 


1 Comments

wombat said:

Denise, nice work with a very touchy subject. Your article embraced the innocence and purity of this child but still conveyed the depravity of this horrible sicko. It's clear that your heart is really in this and it results in an informative experience for the reader...

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About the Blogger


Larry Altman has covered crime in the South Bay since 1990. He's seen it all - the missing model who turned up dead in the desert, the wives found dead in trunks, the high-school coaches who get a little too close to their players. He drives his young colleagues nuts with his "I remember when" stories. He welcomes your tips and observations about the present, and you can mix in a little Lakers basketball talk if you like.

E-mail Larry at larry.altman@dailybreeze.com.

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About this Entry

This page contains a single entry by Denise Nix published on January 9, 2009 4:26 PM.

'Sopranos' actor heading to prison had Hermosa Beach connection was the previous entry in this blog.

State might strip Carson bar's alcohol license because of illegal nude dancing is the next entry in this blog.

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