DES MOINES, Iowa (AP) — Iowa's attorney general has been joined by his counterparts in 26 states in asking the U.S. Supreme Court to review a decision that prohibited a videotaped interview of a child that was to be used in the trial against her alleged abuser.
The case involves James Bentley, of Vinton, who is charged with second-degree sexual abuse in Linn and Benton counties for allegedly engaging in sex acts with a child under the age of 12.
The child, Jetseta Gage, was killed by his brother, Roger Bentley, in March 2005. Roger Bentley is serving a life prison sentence for the murder.
The Iowa Supreme Court upheld a district court ruling that the videotaped interview was not admissible because the 10-year-old girl was not available to be cross examined by the defendant.
The 26 state attorneys general filed a ``friend of the court'' brief this week. It supports Iowa Attorney General Tom Miller's petition asking the U.S. Supreme Court to review the state court's decision.
The Missouri attorney general's office drafted the brief, which said state courts around the nation are faced with similar questions and need answers.
``The states have long recognized the necessity of admitting a child's out-of-court statements in certain cases, particularly abuse cases,'' the brief reads.
The state attorneys general also argued that ``in order to properly protect and treat abused children, the state need to know the rules regarding interviews.''
James Bentley was convicted in federal court on sexual exploitation and child pornography charges for taking sexually explicit photos of Gage and a 1-year-old girl. He is serving a sentence of 100 years in federal prison, where parole is not permitted.
If convicted on the state sexual abuse charges, he could face up to an additional 50 years in prison.
Attorneys general from the following states are supporting Miller's petition: Alabama, Alaska, Arkansas, Colorado, Delaware, Hawaii, Idaho, Indiana, Kansas, Maryland, Michigan, Mississippi, Missouri, Montana, Nevada, New Hampshire, New Mexico, North Dakota, Oklahoma, Oregon, South Dakota, Tennessee, Texas, Utah, Vermont and Wyoming.
Miller has said he expects the U.S. Supreme Court to decide this month or next whether to review the case.





