Does Wrist Flick (Gavel Bang) and Finger Pointed to Ceiling (Higher Court) Count as Due Process?
A deaf-mute defendant facing trial in Pennsylvania after allegedly being caught ferrying a load of cocaine in his car from Las Vegas to Philadelphia area in October has tested the limits of constitutional due process in Montgomery County.
The problem is, Juan Jose Gonzalez Luna, 42, not only can’t hear or speak but doesn’t know any language whatsoever, including written English, written Spanish and sign, reports the Philadelphia Inquirer.
Deaf, it appears, since he suffered an illness at a very young age, the Mexican native can communicate somewhat, via gestures. But they fall far short of providing him with an adequate explanation of his case and allowing him to participate fully in his defense, says his public defender, Ed Rideout. “It’s taken a really hard time to communicate even the most basic things.”
Some judges have tried to require such defendants to learn American Sign Language, which can take years and for some confronted with it late in life is a virtually impossible task. But the court in Gonzalez’ case is trying another approach, called relay interpreting, that has come to the fore in recent decades. It calls for one court interpreter to convert what is said into ASL, while a second interpreter then tries to pantomimes the ASL in a manner that can be understood by the defendant.
Thus, at a preliminary hearing yesterday, an interpreter flicked his wrist, suggesting a gavel bang, and pointed to the ceiling in an effort to explain to Gonzalez that his case was going to a higher-level court, the newspaper recounts. But the defendant’s face appeared blank, suggesting that he hadn’t understood.
Hat tip: Above the Law and Wall Street Journal Law Blog
