SPRINGFIELD -- A new state law intended to protect child witnesses in Missouri courtrooms is being blasted by defense attorneys. It's called the Child Witness Protection Act.

Gov. Jay Nixon calls it a practical and compassionate way to help children on the stand feel more comfortable.   Some lawyers believe it's unconstitutional.

Questioning a child on the stand can be one of the most sensitive but important parts of a court proceeding.  It can involve intimate, uncomfortable details and harsh memories. 

"One of the most heart wrenching and difficult things you will ever have to see in a courtroom is when a young child must testify in a criminal case," said Nixon, who served as the state's top law enforcement officer for 16 years as attorney general.

The new law, championed by Rep. Bob Dixon, R-Springfield, requires that questions be stated in an age-appropriate form, prohibits intimidation or harassment of a child, and allows the child to have a comfort item, such as a stuffed animal, when testifying.

"It will guarantee the right to understand the oath, the right to understand questions," said Dixon.

Criminal defense attorney Dee Wampler sees it as a legislative attempt to limit a rigorous cross-examination.

"This is a phony piece of legislation. Even though passed almost unanimously, it is the worst law I have ever seen," Wampler said.

He said the law demeans judges, whose job it is to protect witnesses from harsh, overhanded tactics.  More importantly, he said, it's an attempt by do-good lawmakers to program and choreograph witnesses.

"There are a lot of 15- and 16-year-old witnesses that need to be cross-examined, and they need to be cross-examined very stringently," Wampler said.  "There's nothing like a good job of cross-examination to bring out the truth."

The law received overwhelming bipartisan support and had the backing of member of the Springfield (Downtown) Rotary Club and Parents Against Child Abuse.  In an attempt to protect some of our youngest victims, Wampler predicts the law will just set up one more court battle.

"If it's challenged properly, they'll declare it unconstitutional, even though everybody feels good about voting for it," he said.

For more on the crime bills signed by the governor on Thursday, head to the KY3 Political Notebook.

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