A Sudbury nursing home resident who said she was sexually assaulted by an employee of the home more than a year ago will be allowed to testify at his trial, a judge ruled today.
Ruby McDonough will be allowed to testify against Kofi Agana in his Framingham District Court trial on Jan. 12, Judge Robert Greco said.
McDonough has been diagnosed with expressive aphasia, a condition that makes it difficult for her to communicate verbally or through writing.
McDonough had previously been ruled incompetent to testify by a Framingham District Court judge, but the state Supreme Judicial Court made a ruling that the judge erred by not allowing her to have an aide assist in her testimony.
McDonough, through her lawyer Wendy Murphy, was seeking to have that incompetence ruling overturned. Greco did not specifically overturn the ruling because he said the ruling did not make a judgement about her mental capacity. He said it was a ruling on her ability to testify.
After the ruling, a visibly happy McDonough gave a thumbs up to Murphy.
"The fact that she's being allowed to testify is the same as saying she is competent,'' said Murphy. "She's so happy."
Greco said McDonough will be able to testify with some accommodations, such as yes or no questions and being allowed to take a longer time than usual to answer questions. However, he did not rule how much an expert will be allowed to assist in the testimony.
Read more: Ruby McDonough allowed to testify in Sudbury sexual assault case - Framingham, MA - The MetroWest Daily News http://www.metrowestdailynews.com/archive/x298229494/Ruby-McDonough-allowed-to-testify-in-Sudbury-sexual-assault-case#ixzz1Ew1R6RFaRuby McDonough allowed to testify in Sudbury sexual assault case - Framingham, MA - The MetroWest Daily News
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