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U.S. v. ETIMANI

Nos. 01-10435, 01-10440.

328 F.3d 493 (2003)

UNITED STATES of America, Plaintiff-Appellee, v. Johnny ETIMANI, Defendant-Appellant. United States of America, Plaintiff-Appellant, v. Johnny Etimani, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed April 21, 2003.

Attorney(s) appearing for the Case

David F. Klein, Honolulu, HI, for the defendant-appellant-appellee.

Michael Rotker, Assistant United States Attorney, Department of Justice, Washington, DC, for the plaintiff-appellee-appellant.

Before: SILVERMAN, GOULD, Circuit Judges, and SEDWICK, District Judge.

SILVERMAN, Circuit Judge.

18 U.S.C. § 3509 sets forth the procedure by which an alleged child victim can testify outside of the physical presence of the defendant via two-way closed circuit television. The statute requires, among other things, that the defendant's televised image be transmitted into the room where the child is testifying. We hold today that the television monitor must be called to the child's attention and be readily visible from where she is...

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