I'm currently set for trial on an assault family violence case in which the husband assaulted his wife and the defense attorney just let me know he plans on call the children to the stand to testify nothing happened. There are 5 and all quiet young, is there any way to keep them off the stand?

I do not want to subject the children to this I feel its just wrong. I know the 2 youngest are to young to testify but not sure about the others. Is there some precedent or rule I overlooked regarding there testimony?

Also if they do have to testify would yall recommend crossing or just leaving them alone? I feel that there would be no room for error, and if I mess up I could lose my jury right then and there.

Also I'm a baby prosecutor hence all the questions.

odds are he is bluffing, but if he follows through and calls the kids, make sure you request a hearing outside the presence of the jury under Rule 601, bearing in mind that our job is not to hide evidence and that the Rules are intended to allow relevant evidence to be admitted. if the kiddos have personal knowledge and are competent to testify about it, i don't think you should try to prevent that because it's 'just wrong.'

read Dufrene, 853 SW2d 86, and Hollinger, 911 SW2d 35, for analysis on this kind of witness competency.

this strikes me as a great time to use Rule 613 also. maybe they told the cops at the time of arrest that they saw the assault? or, even better, you can ask under (b) if anyone told them what they should say in court. did anyone say what would happen if daddy gets found guilty? did anyone ask child to make up a story so that daddy doesn't get found guilty? yadda yadda yadda.

once again -- i would do this outside the presence of the jury if possible.

Don't get me wrong. I'm not trying to hide anything by any means. I fully understand the duties of a prosecutor, I just felt bad for the children and them being subjected to this, especially when I have a very very strong feeling that this is compelled.

Thanks for the 601, 613 advice and the case law!