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http://www.timesonline.com/site/news.cfm?newsid=15317483&BRD=2305&PAG=461&dept_id=478569&rfi=6
When Rochester police were called to the Freedom home of Thomas Simich Jr. to investigate a reported shooting May 2, they were unable to communicate with the man inside.
Simich is deaf and unable to speak.
"Because of the circumstances, it looked like a standoff, but it really wasn't," acting Rochester police Chief Joseph DeLuca said at the time. "It really was just a communication problem."
Simich, 45, has been in the Beaver County Jail since May 2, accused of shooting and killing his sister, Marilyn Bergman, and his brother-in-law, Steven Bergman, inside the home at 239½ Fifth Ave., apparently after a family quarrel. He faces two counts of criminal homicide and two counts of reckless endangerment.
The legal proceedings for Simich begin Thursday morning with a hearing to determine whether he is competent to stand trial. If Beaver County Judge John McBride finds that Simich is able to stand trial, the next step would be to hold a preliminary hearing to determine whether there's enough evidence to hold Simich for trial.
Police were unable to communicate with Simich once they set up outside the family's home May 2, because, Rochester police said, they didn't have the necessary equipment at the site, although DeLuca said officers did make attempts via computer and telephone.
And after Simich surrendered to police, police and representatives of the Beaver County District Attorney's office had to wait for an interpreter from the Center for Hearing and Deaf Services in Pittsburgh to arrive at Rochester's police station before they could begin questioning their suspect.
Since that time, interpreters from HDS have been fixtures in Beaver County, according to Aileen Bowers, a deputy court administrator. They've been present not only at the initial session of questioning May 2, but in meetings with attorneys at the Beaver County Jail and at the Beaver County Court House - and they'll be present at any upcoming hearings as well.
It's not unusual for someone involved in a legal proceeding in Beaver County to request an interpreter of some kind. Bowers said she typically sees about a dozen or so cases a year where an interpreter - specializing in sign language or a foreign language - is necessary.
But this case is unusual because of the circumstances; not only is the defendant deaf, but the two primary witnesses - Simich's parents, Thomas Simich Sr. and Dorothy Simich - are deaf as well. That means there could be as many as three teams of interpreters in Courtroom One when the competency hearing for Simich begins Thursday morning.
"I spoke with a colleague in Philadelphia, where they use interpreters all the time, and she said she's never had a case like this one," she said. "Another colleague in the (Administrative Office of Pennsylvania Courts) said he'd never heard of any circumstances like this one."
What the law says
The federal Americans with Disabilities Act is the primary statute that requires in-courtroom accommodations be made for people who are deaf, said Rosaline Crawford, an attorney with the National Association of the Deaf of Silver Spring, Md. Title II of the ADA covers accessibility issues for "public entities," which include state, county or local governments and all their departments or agencies.
That part of the law covers all courts and court proceedings, Crawford said.
"Access in a courtroom setting means the ability to effectively and accurately communicate," Crawford said. "And there is legal precedent for serious consequences for the court that doesn't accommodate deaf people."
Crawford cited two separate 2001 cases in Houston, Texas, where two deaf men sued the city because police, city jail guards and court officials had not provided requested interpreters during the initial steps of their prosecution.
Both men won financial awards from the city, and the U.S. Department of Justice forced the city to give police officers new instructions about dealing with hearing-impaired people, to provide interpreters within an hour of receiving a request for one and to ensure that all court proceedings are accessible to those who are deaf.
And as recently as 2004, the U.S. Supreme Court ruled that individuals can be awarded damages if they sue because their disabilities had not been accommodated by a local court system, Crawford said.
What constitutes proper accommodation? In a letter she sent to Bowers, Dianne Gallagher, director of the interpreting services program at HDS, said one team of interpreters, usually including two people, are needed exclusively for the defense team. They are privy to all discussions between the defendant and his attorneys, and they do not interpret for anyone else in the courtroom.
There should also be, Gallagher wrote, another team dedicated exclusively to interpreting all the events going on in the courtroom. And, as is the case in the Simich proceedings, it's necessary to provide teams of interpreters for any witnesses who are deaf.
Crawford said it's not enough to simply provide an interpreter - for people involved in the hearings, the court must provide interpreters who are familiar with the nuances of an individual's sign language.
"Many people know American Sign Language, but many do not. There are other languages, and people develop their own languages over the years," she said. "In order for the communication to be successful, those individual needs must be addressed."
In her letter, Gallagher said the use of teams is necessary because interpreters must frequently rest to avoid fatigue - because "the first thing to suffer as a result of interpreter fatigue is accuracy."
The letter also says the interpreters provided by HDS for court hearings hold special certifications endorsing their ability to accurately interpret in the courtroom.
Arrangements for Simich hearing
Bowers and incoming District Court Administrator Rich DeFilippi have worked to follow the advice of Gallagher and that of the National Association for the Deaf, an advocacy group based in Silver Spring, Md. Bowers said when she first heard about the Simich case, she started reading through the NAD Web site to see what would be necessary for the upcoming hearings.
"I think we all knew in general terms that we had to provide accommodations, but with so many people involved with this case who would need some help, I wanted to make sure we were going to be ready to do the right thing across the board," she said. "So I got some background information, and we've worked with HDS almost from the first day to make sure we were ready to go."
As Simich's first hearing approached, Bowers coordinated a meeting with McBride, HDS officials, court administrators and representatives of the county's district attorney's office and public defenders' office, which will represent Simich, just to make sure everyone understood what would be required.
Also, HDS interpreters last week visited Courtroom One, where Thursday's hearing will be held, to discuss where people and equipment will be placed.
"That courtroom is going to look a little different than it usually does," she said.
Bowers said the defense table, on the left side of the courtroom, will be blocked from view by partitions, so Simich is still able to hold confidential discussions with his lawyers without other people familiar with American Sign Language being able to watch.
To the left of the defense table will sit a television, which will provide a real-time transcript of the court reporter's record of the hearing to anyone in the room. The defense team will have a separate monitor with the same transcript available.
And the team of interpreters who will sign for the courtroom will be stationed on the right side of the room, close to the witness box. Tipstaffs will direct those who want to be able to see those interpreters to seats on right side of the courtroom, where they'll have the best view.
Bowers said the interpreters for the defense team have been set for a while, because they have to be familiar with Simich and the plans for his defense. And the team that will work with Simich's parents also has met with them to ensure they are familiar with any sign-language shorthand they are accustomed to using.
The extra preparations come at a cost. HDS interpreters work at a rate of $56 an hour, plus travel expenses. Bowers said the county will bear that cost, although it will be split between the budgets of the court and the public defenders' office.
"There hasn't been that much discussion about the cost," she said. "It's going to be high, but these are things we are required to provide. We're not looking to cut corners anywhere."
Bowers said she is confident that the county court system has done a thorough job of preparing for Thursday's hearing, thanks to a lot of homework and outside help.
"I couldn't begin to guess how much time has been put into this, but I think we're going to be ready," she said. "The direction we've had from HDS has been so professional - they've really helped us ensure that this first hearing is going to go as it should."
When Rochester police were called to the Freedom home of Thomas Simich Jr. to investigate a reported shooting May 2, they were unable to communicate with the man inside.
Simich is deaf and unable to speak.
"Because of the circumstances, it looked like a standoff, but it really wasn't," acting Rochester police Chief Joseph DeLuca said at the time. "It really was just a communication problem."
Simich, 45, has been in the Beaver County Jail since May 2, accused of shooting and killing his sister, Marilyn Bergman, and his brother-in-law, Steven Bergman, inside the home at 239½ Fifth Ave., apparently after a family quarrel. He faces two counts of criminal homicide and two counts of reckless endangerment.
The legal proceedings for Simich begin Thursday morning with a hearing to determine whether he is competent to stand trial. If Beaver County Judge John McBride finds that Simich is able to stand trial, the next step would be to hold a preliminary hearing to determine whether there's enough evidence to hold Simich for trial.
Police were unable to communicate with Simich once they set up outside the family's home May 2, because, Rochester police said, they didn't have the necessary equipment at the site, although DeLuca said officers did make attempts via computer and telephone.
And after Simich surrendered to police, police and representatives of the Beaver County District Attorney's office had to wait for an interpreter from the Center for Hearing and Deaf Services in Pittsburgh to arrive at Rochester's police station before they could begin questioning their suspect.
Since that time, interpreters from HDS have been fixtures in Beaver County, according to Aileen Bowers, a deputy court administrator. They've been present not only at the initial session of questioning May 2, but in meetings with attorneys at the Beaver County Jail and at the Beaver County Court House - and they'll be present at any upcoming hearings as well.
It's not unusual for someone involved in a legal proceeding in Beaver County to request an interpreter of some kind. Bowers said she typically sees about a dozen or so cases a year where an interpreter - specializing in sign language or a foreign language - is necessary.
But this case is unusual because of the circumstances; not only is the defendant deaf, but the two primary witnesses - Simich's parents, Thomas Simich Sr. and Dorothy Simich - are deaf as well. That means there could be as many as three teams of interpreters in Courtroom One when the competency hearing for Simich begins Thursday morning.
"I spoke with a colleague in Philadelphia, where they use interpreters all the time, and she said she's never had a case like this one," she said. "Another colleague in the (Administrative Office of Pennsylvania Courts) said he'd never heard of any circumstances like this one."
What the law says
The federal Americans with Disabilities Act is the primary statute that requires in-courtroom accommodations be made for people who are deaf, said Rosaline Crawford, an attorney with the National Association of the Deaf of Silver Spring, Md. Title II of the ADA covers accessibility issues for "public entities," which include state, county or local governments and all their departments or agencies.
That part of the law covers all courts and court proceedings, Crawford said.
"Access in a courtroom setting means the ability to effectively and accurately communicate," Crawford said. "And there is legal precedent for serious consequences for the court that doesn't accommodate deaf people."
Crawford cited two separate 2001 cases in Houston, Texas, where two deaf men sued the city because police, city jail guards and court officials had not provided requested interpreters during the initial steps of their prosecution.
Both men won financial awards from the city, and the U.S. Department of Justice forced the city to give police officers new instructions about dealing with hearing-impaired people, to provide interpreters within an hour of receiving a request for one and to ensure that all court proceedings are accessible to those who are deaf.
And as recently as 2004, the U.S. Supreme Court ruled that individuals can be awarded damages if they sue because their disabilities had not been accommodated by a local court system, Crawford said.
What constitutes proper accommodation? In a letter she sent to Bowers, Dianne Gallagher, director of the interpreting services program at HDS, said one team of interpreters, usually including two people, are needed exclusively for the defense team. They are privy to all discussions between the defendant and his attorneys, and they do not interpret for anyone else in the courtroom.
There should also be, Gallagher wrote, another team dedicated exclusively to interpreting all the events going on in the courtroom. And, as is the case in the Simich proceedings, it's necessary to provide teams of interpreters for any witnesses who are deaf.
Crawford said it's not enough to simply provide an interpreter - for people involved in the hearings, the court must provide interpreters who are familiar with the nuances of an individual's sign language.
"Many people know American Sign Language, but many do not. There are other languages, and people develop their own languages over the years," she said. "In order for the communication to be successful, those individual needs must be addressed."
In her letter, Gallagher said the use of teams is necessary because interpreters must frequently rest to avoid fatigue - because "the first thing to suffer as a result of interpreter fatigue is accuracy."
The letter also says the interpreters provided by HDS for court hearings hold special certifications endorsing their ability to accurately interpret in the courtroom.
Arrangements for Simich hearing
Bowers and incoming District Court Administrator Rich DeFilippi have worked to follow the advice of Gallagher and that of the National Association for the Deaf, an advocacy group based in Silver Spring, Md. Bowers said when she first heard about the Simich case, she started reading through the NAD Web site to see what would be necessary for the upcoming hearings.
"I think we all knew in general terms that we had to provide accommodations, but with so many people involved with this case who would need some help, I wanted to make sure we were going to be ready to do the right thing across the board," she said. "So I got some background information, and we've worked with HDS almost from the first day to make sure we were ready to go."
As Simich's first hearing approached, Bowers coordinated a meeting with McBride, HDS officials, court administrators and representatives of the county's district attorney's office and public defenders' office, which will represent Simich, just to make sure everyone understood what would be required.
Also, HDS interpreters last week visited Courtroom One, where Thursday's hearing will be held, to discuss where people and equipment will be placed.
"That courtroom is going to look a little different than it usually does," she said.
Bowers said the defense table, on the left side of the courtroom, will be blocked from view by partitions, so Simich is still able to hold confidential discussions with his lawyers without other people familiar with American Sign Language being able to watch.
To the left of the defense table will sit a television, which will provide a real-time transcript of the court reporter's record of the hearing to anyone in the room. The defense team will have a separate monitor with the same transcript available.
And the team of interpreters who will sign for the courtroom will be stationed on the right side of the room, close to the witness box. Tipstaffs will direct those who want to be able to see those interpreters to seats on right side of the courtroom, where they'll have the best view.
Bowers said the interpreters for the defense team have been set for a while, because they have to be familiar with Simich and the plans for his defense. And the team that will work with Simich's parents also has met with them to ensure they are familiar with any sign-language shorthand they are accustomed to using.
The extra preparations come at a cost. HDS interpreters work at a rate of $56 an hour, plus travel expenses. Bowers said the county will bear that cost, although it will be split between the budgets of the court and the public defenders' office.
"There hasn't been that much discussion about the cost," she said. "It's going to be high, but these are things we are required to provide. We're not looking to cut corners anywhere."
Bowers said she is confident that the county court system has done a thorough job of preparing for Thursday's hearing, thanks to a lot of homework and outside help.
"I couldn't begin to guess how much time has been put into this, but I think we're going to be ready," she said. "The direction we've had from HDS has been so professional - they've really helped us ensure that this first hearing is going to go as it should."