COFAR urges members and friends to attend this important test of whether a man with developmental disability can be accepted as a witness and can win justice against his abuser. Although judges and juries are instructed to ignore press and spectators, it is important for them to notice that there is interest in this case beyond the families involved, and that their verdict is important and will be reported. Our system of justice balances the rights of the accused and the privacy rights of rape victims with the democratic guarantee that trials will be held in public and not behind closed doors.
We are especially concerned that people be in court to observe the testimony of the victim witness and his mother, which are expected at the beginning, likely Friday, but possibly as early as Thursday afternoon, or going into Monday.
Here is COFAR's updated press advisory issued Friday, January 9:
THE MASSACHUSETTS COALITION OF FAMILIES AND ADVOCATES FOR THE RETARDED, Inc.
Press Advisory: Smith Rape Trial Testimony, Monday January 12, 10 a.m.
-- Opening Arguments and Testimony, Bristol Superior Court, 9 Court St. Taunton, MA 02780, Thurs.. January 8, 10 a.m.
Jury Selection was completed today (January 8), and the jury sent home until Monday morning.
The case for the prosecution will begin with the testimony of the alleged victim-witness, a man with developmental disability. Family members will follow.
Buddy E. Smith of Fall River, who allegedly had been raping the victim-witness for as much as a year before he came to the home in January of 2006, inadvertently met the mother, and described himself as an old friend named "Charlie" -- goes on trial before Superior Court Judge Barbara Dortch-Okara on charges of rape, indecent assault on a person with mental retardation, and witness intimidation
Smith was arrested in June, 2006, allegedly continued his crimes while out on $1000 bail for almost two years, but has been in jail since a bail revocation May 7, after stalking incidents at a Rhode Island group home in March and April of last year.
A second defendant, William Senay, uncle of Buddy Smith, awaits trial after his case was severed at a November 24, 2008 hearing. Senay also had bail revoked last July, from personal recognizance to double court probation with a GPS bracelet.
In a separate development, the hate crimes unit of the Massachusetts Attorney General has appointed an advocate for the victim witness in this case.
The victim-witness and family members are expected to testify for the prosecution, beginning Monday, but possibly continuing into the week. COFAR plans to issue daily press advisories during the trial, has some background information available, but may not issue public statements until the verdict and sentencing.
In a press release issued last May, COFAR Executive Director Colleen M. Lutkevich called this "the worst alleged case of sustained abuse of a person with mental retardation in New England since the Raynham 'House of Horrors' was exposed more than 10 years ago."
COFAR continues to monitor these cases as a measure of the safety of people with mental retardation/developmental disability in the community, the civil rights of victim-witnesses with intellectual disability, and the status of the criminal justice system in respect to our loved ones.
COFAR is a 25-year-old statewide coalition of parent/family groups and individuals caring for people with Mental Retardation/Developmental Disability. We are advocates for a full continuum of care and for family choice. COFAR is the Massachusetts affiliate of the national Voice of the Retarded (www.vor.net).