Roberts v. State

FULMER, Judge.

Brian Roberts appeals from his convictions for capital sexual battery and lewd act on a child. Because the trial court improperly ordered the courtroom cleared of spectators when the child victim testified, we reverse.

At trial, before the eleven-year-old victim testified, the prosecutor requested the trial judge to clear the courtroom of all spectators except the guardian ad litem and the victim advocate. The prosecutor alleged that the victim was afraid and was bothered by people staring at her. The defense counsel questioned the truth of the assertion, noting that the victim…