BUCYRUS—Avita Hospital’s Forensic Coordinator, Tammy Robertson, testified Wednesday in Crawford County Common Pleas Court.
Robertson is a highly trained Registered Nurse with additional training as a S.A.N.E. (Sexual Abuse Nurse Examiner). On direct examination from Assistant Prosecutor Ryan Hoovler, Robertson estimated she has examined over 800 cases involving children.
Robertson said she met with the victim and a child advocate in September of 2018. She testified that when she met with the victim she did so without information from law enforcement or parents. Included in the assessment is a demographic screening that provides information including the age of the child and parent information. Robertson then must complete consent forms from the patient and parents to examine the child. The final data collected is the focus of the exam. The history of the assault is discussed so that the examiner can determine the specifics of the assault, to conclude how invasive a physical exam would need to be.
Robertson told the court that based on that interview, she could guide the exam.
Robertson gave the jury a lesson in the neurobiology of the brain after Hoovler asked her if a wait time of eleven days to report an incident was normal.
Robertson told the jury that when trauma occurs several hormones are released by the brain. The hormones are uncontrollable and affect people differently. She told the jury that the frontal cortex of the brain simply shuts down, which affects memory and the ability of the victim to recall certain details.
Robertson testified that a delay in reporting is not problematic to the work she completes. She testified that a full 80% of victims either don’t report the assault or report an assault late. “They feel threatened and scared. They have no idea of what’s happening”, Robertson said.
In reviewing exam notes, Robertson stated there were three attempted assaults on the victim. One in the upstairs bedroom and two in the camper. Two assaults were completed, and the victim was able to get away from Benedict at the third assault attempt in the camper.
In describing the victim’s demeanor during the interview, Robertson noted the victim was playful but sad at times. Robertson noted that “sad at times” is terminology used in all S.A.N.E. exams to note demanor changes.
Robertson said the victim recounted the first (alleged) assault that happened at a sleepover in the residence. The victim told Robertson that Benedict woke her up while he was hugging her. He made her food (even though she told him she was not hungry) and led her upstairs. He asked her “Can I do something real quick?” Benedict began kissing her, fondling her, and touching her. The victim told Robertson that she had to go to the bathroom just to get away from him. Benedict followed the victim downstairs and asked her why she left. She told him she was tired. Benedict then asked to take one pic. The victim said no. He pressed again for the picture, the victim rolled her eyes and Benedict took the picture. The victim told Robertson that she had no underwear on because Benedict had taken them off earlier.
The second incident was at the camper where they (played) house. Benedict played the brother and they were “play sleeping”. The victim testified that Benedict moved closer and started kissing her neck. Benedict made further attempts to touch her, and eventually forcing her to touch him in an inappropriate manner. The victim refused to play and called her father to come to get her and her siblings.
The third and unsuccessful attempt to assault the victim came in the bedroom area of the camper where they were watching a younger cousin. The victim stated Benedict attempted to put his hands in her pants. She refused by saying it wasn’t right. Benedict told her they were just having fun. Benedict told the victim he was in love with her body. The victim was repeatedly warned by Benedict not to tell her parents because they would “beat her ass”.
Robertson outlined that her examination revealed oral and digital penetration occurred. Due to the lapse in reporting time, there was no DNA evidence expected. Before ending her testimony Hoovler asked, if she believed the victim; “Absolutely”. Robertson replied. When asked if the victim had been coached before her evaluation, Robertson replied “Absolutely not.”
On cross-examination, Defense Attorney Adam Stone asked Robertson if she recalled their conversations regarding the case. Robertson told Stone they had never talked, and in fact, she had called his office twice to discuss the case and her calls were never returned. Stone inferred that questions of the victim were leading in nature. Robinson told the court she does not use lead tactics, but follows strict state protocols during the examination. Stone ended his questioning.