State v. Osgood

Summary

The Supreme Court of South Dakota affirmed William Robert Osgood's convictions for criminal pedophilia and sexual contact with a child. The court held that the trial court did not abuse its discretion in denying the defense psychologist's request to interview the child victim, given the absence of evidence questioning the child's veracity and the risk of retraumatization from another interview.

Holdings

1. A defendant seeking a defense psychological interview of a child complainant must make a substantial showing of need and justification; a bare assertion that the interview would be useful or that the defense is entitled to duplicate the prosecution's interview is insufficient.
2. The circuit court did not abuse its discretion in refusing to allow Osgood's psychologist to interview V.B.
3. Even assuming error, denial of the interview did not violate Osgood's substantial rights and was not prejudicial.

Questions Presented

1. Whether the circuit court abused its discretion by denying the defense request for a psychological expert to conduct a personal interview of the child sex-abuse victim when the prosecution had presented testimony from an independent forensic interviewer.
2. Whether any error in denying the requested interview violated Osgood's substantial rights and required reversal.

Disposition

affirmed