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http://www.nashuatelegraph.com/apps/pbcs.dll/article?AID=/20060527/NEWS01/105270079/-1/ENTERTAINMENT
NASHUA – The process may be tediously slow, but a deaf-mute man is competent to stand trial on charges that he sexually assaulted a 5-year-old girl and an adult woman, a judge has ruled.
Victor Laporte, 32, of 741B W. Hollis St., faces six counts of aggravated felonious sexual assault. His trial was postponed – and has yet to be rescheduled – while lawyers argued over whether Laporte understood enough of the legal process and was capable of communicating with his lawyers.
Laporte’s lawyers will consider appealing Wednesday’s order by Hillsborough County Superior Court Judge William Groff, public defender Soudie Tahmassebipour said Friday.
Groff heard testimony from two witnesses concerning Laporte’s linguistic abilities during a two-day hearing April 24 and May 1. The hearing required at least five sign language interpreters at all times, and Groff described it as “slow and cumbersome.”
Laporte was born deaf to hearing parents, Groff’s order states. He attended the American School for the Deaf, where he was identified as having severe learning disabilities, emotional problems and below-average mental abilities, Groff wrote.
Dr. Peter Isquith, a psychologist with a background in speech and hearing science and working with the deaf, examined Laporte.
Isquith concluded that Laporte probably understood the charges against him, but was unable to meaningfully communicate with his lawyers, especially in the midst of a courtroom.
Groff disagreed with Isquith’s conclusions, though not his assessment. The hearing itself, he ruled, proved Laporte’s ability to follow court proceedings and consult with his lawyers.
“The Court understands that representation of the defendant presents special challenges. The Court concedes that because of the communication difficulties and the defendant’s disabilities . . . pre-trial hearings and the trial itself will consume three or four times what is customary,” Groff wrote.
The hearing was perhaps as hard for hearing persons as for Laporte, if for different reasons. The formal, ritualized nature of the legal system means that courtroom proceedings generally move at a crawl compared with the more harried pace of business or daily life. The need to translate everything into sign language slowed Laporte’s hearing to the pace of an infirm snail.
Though he tried to speak slowly, Isquith’s testimony quickly began to outpace the interpreters’ ability to keep up and Laporte’s ability to follow. Laporte’s lawyers asked Isquith to pause often and try to use smaller words.
A lead interpreter sat facing the witness stand, and signed to a second interpreter who sat facing Laporte, and relayed the signs to him. Laporte sat beside an interpreter of his own, to enable him to communicate with his lawyers, and two easels were set up to shield their signing, since any such communications are confidential. Two spare interpreters sat ready to relieve the others, so they could all rotate and have a break once in a while.
Isquith testified that it took him an hour to explain to Laporte who he was, and what he was doing, and another two hours to explain the charges against Laporte.
Even people whose understanding of the legal process comes entirely through television news and legal dramas are far better equipped than Laporte to handle the real thing, Isquith said.
“We hearing people hear court-related information on the radio or television every day,” Isquith said. “Mr. Laporte could watch, but with his reading skills, he would understand very little of what was captioned on the television.”
Laporte’s ability to understand words and concepts, and even follow basic conversation, is hampered by his lack of any fully developed language, Isquith testified.
Though he knows some of both, Laporte never learned English nor American Sign Language to the point of fluency, Isquith testified. He communicates instead with a mix of both, known as Pigeon Sign English, or PSE, which isn’t considered a full, functional language in itself, Isquith said.
Having never developed a complete language, Laporte has trouble grasping various ideas and concepts that most people take for granted, particularly when confronted with a situation that requires relatively specialized knowledge, such as in the legal system, Isquith said.
For instance, Isquith said he was unable to make Laporte understand the idea of “limited confidentiality.” Whatever Laporte communicated to Isquith during the examination could be used as evidence in determining his competence, but could not be cited as evidence against him at trial. Laporte didn’t get it, Isquith said.
“I could not guarantee that even with an extended period of time, Mr. Laporte would gain a sufficient understanding of the process,” Isquith said. “In addition to taking a long time, I’m not certain that Mr. Laporte has the background or conceptual knowledge . . . to understand what others are saying.”
Laporte became confused during Isquith’s testimony about ASL and PSE, Tahmassebipour said. He apparently thought Isquith was relating some sort of story, which might or might not have been about him, she said, relating what Laporte’s interpreter was telling her.
At another point during the hearing, Laporte got stuck on the word “rehabilitation,” and his confusion distracted him until Tahmassebipour realized he was no longer following things, and halted the hearing.
Laporte was arrested in July and remains free on bail while awaiting trial. He is accused of sexually assaulting a 5-year-old girl twice in the spring or summer of 2005, and sexually assaulting an adult woman in May and June of that year, court records show. Each of the four sexual assault charges carries a maximum sentence of 10 to 20 years in prison.
He also is charged with endangering the welfare of a 14-year-old girl by propositioning her for sex. The three cases will be tried separately, prosecutors have said.
NASHUA – The process may be tediously slow, but a deaf-mute man is competent to stand trial on charges that he sexually assaulted a 5-year-old girl and an adult woman, a judge has ruled.
Victor Laporte, 32, of 741B W. Hollis St., faces six counts of aggravated felonious sexual assault. His trial was postponed – and has yet to be rescheduled – while lawyers argued over whether Laporte understood enough of the legal process and was capable of communicating with his lawyers.
Laporte’s lawyers will consider appealing Wednesday’s order by Hillsborough County Superior Court Judge William Groff, public defender Soudie Tahmassebipour said Friday.
Groff heard testimony from two witnesses concerning Laporte’s linguistic abilities during a two-day hearing April 24 and May 1. The hearing required at least five sign language interpreters at all times, and Groff described it as “slow and cumbersome.”
Laporte was born deaf to hearing parents, Groff’s order states. He attended the American School for the Deaf, where he was identified as having severe learning disabilities, emotional problems and below-average mental abilities, Groff wrote.
Dr. Peter Isquith, a psychologist with a background in speech and hearing science and working with the deaf, examined Laporte.
Isquith concluded that Laporte probably understood the charges against him, but was unable to meaningfully communicate with his lawyers, especially in the midst of a courtroom.
Groff disagreed with Isquith’s conclusions, though not his assessment. The hearing itself, he ruled, proved Laporte’s ability to follow court proceedings and consult with his lawyers.
“The Court understands that representation of the defendant presents special challenges. The Court concedes that because of the communication difficulties and the defendant’s disabilities . . . pre-trial hearings and the trial itself will consume three or four times what is customary,” Groff wrote.
The hearing was perhaps as hard for hearing persons as for Laporte, if for different reasons. The formal, ritualized nature of the legal system means that courtroom proceedings generally move at a crawl compared with the more harried pace of business or daily life. The need to translate everything into sign language slowed Laporte’s hearing to the pace of an infirm snail.
Though he tried to speak slowly, Isquith’s testimony quickly began to outpace the interpreters’ ability to keep up and Laporte’s ability to follow. Laporte’s lawyers asked Isquith to pause often and try to use smaller words.
A lead interpreter sat facing the witness stand, and signed to a second interpreter who sat facing Laporte, and relayed the signs to him. Laporte sat beside an interpreter of his own, to enable him to communicate with his lawyers, and two easels were set up to shield their signing, since any such communications are confidential. Two spare interpreters sat ready to relieve the others, so they could all rotate and have a break once in a while.
Isquith testified that it took him an hour to explain to Laporte who he was, and what he was doing, and another two hours to explain the charges against Laporte.
Even people whose understanding of the legal process comes entirely through television news and legal dramas are far better equipped than Laporte to handle the real thing, Isquith said.
“We hearing people hear court-related information on the radio or television every day,” Isquith said. “Mr. Laporte could watch, but with his reading skills, he would understand very little of what was captioned on the television.”
Laporte’s ability to understand words and concepts, and even follow basic conversation, is hampered by his lack of any fully developed language, Isquith testified.
Though he knows some of both, Laporte never learned English nor American Sign Language to the point of fluency, Isquith testified. He communicates instead with a mix of both, known as Pigeon Sign English, or PSE, which isn’t considered a full, functional language in itself, Isquith said.
Having never developed a complete language, Laporte has trouble grasping various ideas and concepts that most people take for granted, particularly when confronted with a situation that requires relatively specialized knowledge, such as in the legal system, Isquith said.
For instance, Isquith said he was unable to make Laporte understand the idea of “limited confidentiality.” Whatever Laporte communicated to Isquith during the examination could be used as evidence in determining his competence, but could not be cited as evidence against him at trial. Laporte didn’t get it, Isquith said.
“I could not guarantee that even with an extended period of time, Mr. Laporte would gain a sufficient understanding of the process,” Isquith said. “In addition to taking a long time, I’m not certain that Mr. Laporte has the background or conceptual knowledge . . . to understand what others are saying.”
Laporte became confused during Isquith’s testimony about ASL and PSE, Tahmassebipour said. He apparently thought Isquith was relating some sort of story, which might or might not have been about him, she said, relating what Laporte’s interpreter was telling her.
At another point during the hearing, Laporte got stuck on the word “rehabilitation,” and his confusion distracted him until Tahmassebipour realized he was no longer following things, and halted the hearing.
Laporte was arrested in July and remains free on bail while awaiting trial. He is accused of sexually assaulting a 5-year-old girl twice in the spring or summer of 2005, and sexually assaulting an adult woman in May and June of that year, court records show. Each of the four sexual assault charges carries a maximum sentence of 10 to 20 years in prison.
He also is charged with endangering the welfare of a 14-year-old girl by propositioning her for sex. The three cases will be tried separately, prosecutors have said.