In re Nelo O
The presentment agency moved for an order to declare the five-year-old victim, Jessi M., a \"vulnerable witness\" in a juvenile delinquency proceeding against respondent Noel O., who is accused of sex offenses. The declaration would allow Jessi M. to testify via live, two-way closed-circuit television. The court applied the 2007 amendments to Family Court Act § 343.1 (4) and Criminal Procedure Law § 65.20, which define a vulnerable witness as a child likely to suffer serious mental or emotional harm that would substantially impair their ability to communicate if required to testify without closed-circuit television. Expert testimony from Dr. Mitchell Frank detailed Jessi M.'s post-traumatic stress symptoms and profound fear of Noel O., concluding that testifying in his physical presence would cause severe anxiety and emotional shutdown. The court found clear and convincing evidence supporting the victim's vulnerability based on several statutory factors, including the heinous nature of the alleged acts, the victim's young age, the respondent's prior family-like relationship with the victim, and expert psychological opinion. Consequently, the motion to declare Jessi M. a vulnerable witness and permit her testimony by closed-circuit television was granted.