The Prosecution of the Case
The evidence presented by the prosecution at trial falls into
four general categories:
1. Parents testified as to observations they had made with regard
to their children which, in retrospect -- i.e., after they learned that Mr. Fuster was
under investigation for child sexual abuse -- convinced them that their own child had been
abused.
2. Testimony of child-complainants at trial.
3. Hearsay statements made by the children to psychologists,
regarding reports the children had made of having been sexually abused by Mr. Fuster.);
and
4. "Expert" opinions by psychologists that the children’s
reports were credible and that the children exhibited behaviors consistent with Child
Sexual Abuse Accommodation Syndrome.
The state also relied upon two specific pieces of evidence. The
first was testimony by doctors from the state rape treatment center that Mr. Fuster’s
son, NG, had tested positive for gonorrhea of the throat. The doctors further testified
that this test was incapable of producing false positives. The state did not preserve this
evidence for future independent evaluation and ordered that NG, then in the care of
Florida child protective services, be treated immediately for the condition. Thus, Mr.
Fuster was never able to repeat the test. It should also be noted that the doctors from
the Rape Treatment Center testified that the only way NG could have contracted this
gonorrhea was if someone had ejaculated down his throat.
As noted earlier, the state also presented in rebuttal the
testimony of Ileana Fuster.
While Mr. Fuster will otherwise rely on the review of trial
testimony submitted by the state in its Response to his initial habeas petition, the
testimony of one state expert witness bears more detailed recounting, that of Dr. Roland
Summit.
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