Dog makes mark with his silence

The little girl with the pink shirt and matching plastic band on her hair leaned forward in the big chair, speaking into the microphone that amplified her soft words so that everyone in the courtroom could hear.

Telling a lot of strangers what had occurred would have been tough for an adult, let alone someone who is 6-years-old.

But this little girl had a special friend who helped out.

At her feet, hidden within the witness box so that the jurors could not see, was a black Labrador retriever, wearing a royal blue jacket bearing the insignia of the Terrebonne Parish District Attorney’s Office.

His name is Duval and last Wednesday, at the trial of a man named Christopher Prosperie on a charge of aggravated rape, the dog made the first courtroom appearance of his service career.

“He was perfect; he did exactly what he was supposed to do,” said Tommy Beeson, District Attorney Joe Waitz Jr.’s senior investigator, who is Duval’s handler.

‘THIS IS HER FRIEND’

Duval came to Houma from a Florida training center in July 2013. Since then he has been a companion and confidante to children who have endured sexual, emotional and physical abuse. At the downtown Children’s Advocacy Center he has empowered some to tell the stories of what adults have done. Some children, who will not say much to counselors or investigators, open up to Duval when they think nobody else is around, their accounts preserved on video recordings.

But until last week he has never actually accompanied a child witness into the courtroom.

“This is her friend,” Assistant District Attorney Bud Barnes said, when he told District Judge George Larke that the dog would appear.

Tanner Magee, Prosperie’s attorney, said he had no objection so long as Duval was not seen by jurors.

HIDDEN FROM VIEW

A plan was already in place. Discussion about the dog did not occur until jurors were led out of the courtroom and given a break.

Beeson retrieved Duval, strolling in through the courtroom’s main door, leash in hand.

Duval was introduced to the witness box and took his place beneath it.

“I hope he doesn’t shed all over my courtroom,” said Larke, noting that his own retriever sheds profusely.

Beeson gave assurances.

Then the child entered, walking up to the bench as directed, on the right side of the judge’s seat. Barnes had guided her there to avoid a tangle of electronics wires on the closer approach the witness stand. She thus walked behind the bench and the judge’s big chair to take her place at the opposite side. All that could be seen from the gallery as she walked was the top of her head and a pink plastic headband.

Once seated she acknowledged Duval, who has been present during most of her witness interviews prior to trial. The little girl had specifically requested that Duval accompany her to court and remain with her as she testified.

On Larke’s order the jury was brought back in and proceedings resumed.

GRIM TESTIMONY

The jurors had already heard testimony from Lt. Jerry Bergeron of the Terrebonne Sheriff’s Office speak about his questioning of the defendant, who was charged Feb. 14. The girl had told her mother of the encounter with Prosperie, her grandfather through marriage, which resulted in a doctor’s examination and further confirmation. She had not reached the age of 5 when the crime occurred.

A conviction for aggravated rape requires a finding that the defendant engaged in intercourse with someone less than 13-years-old.

They saw Prosperie, in his own words, describe part of what occurred through the video. He stopped short of a full admission, however.

The jury never laid eyes on him in person. The 49-year-old Prosperie, who is being held at the Terrebonne Parish jail, waived his right to appear at the trial and so the defendant’s chair was empty during the proceedings.

Another member of Prosperie’s family testified she had been molested by him many years ago, although she had never reported the abuse.

Then came the adjournment, the placement of the dog and of the witness, and the jury’s return.

The jurors viewed video of the girl being interviewed. Barnes asked her questions directly. A few times, courtroom observers said, the girl looked down in the dog’s direction, but not in a way that acknowledged anything – or anyone –unusual was afoot.

“These kind of cases are serious and involve long jail periods,” Barnes said in an interview after the trial. “The jury expects to hear something from the child.”

‘ANYTHING HE WANTS’

Barnes has no doubt the presence of Duval was a help to the little girl.

“She is so young, and it is a scary environment,” Barnes said. “The ability to know Duval was there as he always had been is a calming influence.”

An older child, he said, would not likely need the dog in court. But with a victim so young every effort, Barnes said, was made to accede to her wishes.

“Under these circumstances I will use Duval every time,” Barnes said. “He is trained to stay in one spot, where she can see him or have access to him and make no noise.”

Tanner Magee had no cross-examination questions, and when the testimony was complete the girl walked out of the courtroom and into the arms of family members.

Defense attorneys in future cases might have a problem with the dog being in court, local lawyers say. The fear is that the dog’s presence could unduly prejudice jurors. But Barnes and other prosecutors say the legal tide runs in favor of inclusion.

“Anytime a certified dog has been brought into the court for use there has not been a problem,” Barnes said. “There is no case nationally where a court has refused.”

The day after Duval’s appearance with the girl jurors found Prosperie guilty of aggravated rape.

He now faces a sentence of mandatory life in prison with no parole.

On the day of the victim’s testimony, when court was done for the day, Beeson walked with Duval down a long courthouse corridor, pausing while employees stopped to shake hands or give a pat on the head.

What was Duval going to eat that night?

“On a day like today, anything he wants,” Beeson said. “Well, not really. He’s on a special diet.”

Terrebonne District Attorney’s Office facility dog Duval after his court appearance with a young victim.

JOHN DeSANTIS | THE TIMES