I just (20 mins ago)passed my child victim in a continuous sexual abuse case to the defense for cross. She had a meltdown, and was unable to return to the stand (this was after one previous melt down and a break). Defense was unable to ask her ANY questions.

Can we declare her unavailable?

Take a break (a day if needed). Calm the child. Return her to the stand for cross.

How is the defense attorney? We had one case where the prosecutor let the defense attorney meet with the child outside the courtroom and just visit about nonthreatening topics. The prosecutor or investigator was there the entire time but they just walked around the courthouse and chatted. I THINK the caselaw says they have to at least answer something on cross but I am not sure of that. You have probably thought of this as well but try a security item or person. I know i've read one case where a small child testified sitting in her dad's lap. Tell them they can turn around backwards in the chair if they need to. If she indicates that it is fear of the defendant and not the defense attorney, try for closed circuit. hope this helps.

So what happened kgonzalez?