MA court sets rules on testimony by disabled

The highest court in Massachusetts has issued new guidelines to ensure witnesses with disabilities that affect how they communicate get a fair chance to testify in court.

The Supreme Judicial Court on Wednesday ruled on the petition of a Sudbury nursing home resident who was allegedly molested by an aide at the facility.

The woman had suffered a stroke that affected her ability to communicate, but not her mental capacities.

A district court judge ruled she wasn't competent to testify at the man's trial. He said allowing it would affect the defendant's right to cross-examination.

In its decision, the SJC said if a witness disputes a judge's ruling on his or her ability to testify, the judge should hold a hearing. It said the decision there can be taken to the state Appeals Court.