FORT MYERS — A Florida woman alleging she was the victim of a sexual assault while a patient at Lee Memorial's Cape Coral Hospital had her motion to conduct attorney led voir dire and to allow contemporaneous transmission testimony from her psychologist, struck down by a federal court.
According to the May 22 U.S. District Court for the Middle District of Florida Fort Myers Division filing, plaintiff Donia Goines petitioned the court for three hours of "attorney-directed questioning" of potential jurors "prior to exercising challenges" and to allow the testimony of her psychologist "via contemporaneous transmission" in her case against defendants Lee Memorial Health System, doing business as Cape Coral Hospital, and Jeovanni Hechavarria.
Goines filed suit, against Lee Memorial in April 2018, alleging she was sexually assaulted by Hechavarria, a nurse, while a patient at Cape Coral. In her suit, she says the assault took place only seven days after Hechavarria was arrested for "an unrelated battery."
Goines is aruging to the district court that the potential jurors in her case "have very deep seeded feelings and beliefs" that could influence her trial. She also argues that her psychologist, who lives and practices in Colorado, would "suffer a professional hardship" if he had to travel to Florida to testify in the trial and that he should be allowed to testify through "contemporaneous transmission."
The court disagreed with both of Giones' arguments. Senior U.S. District Judge John Steele stated he saw no evidence to allow "conducting vior dire differently from the court's usual fashion" but would "consider written proposed voir dire questions" and allow both parties' counsel to ask "follow-up questions."
Steele also stated the court was "not convinced" Goines had argued a "good cause or compelling circumstances" to justify allowing contemporaneous transmission of her witness' testimony therfore the court denied both of Goines' motions.