MN court denies sex abuse convict's appeal over courtroom support dog for victim

(FOX 9) - The Minnesota Court of Appeals has denied an appeal by a man convicted in a years-long sexual abuse case, who argued the victim shouldn't have been allowed to testify with the help of the courthouse dog.

Background

Jairo Missael Fernandez Sorto was convicted in July 2023 by a Stearns County jury on two counts of first-degree criminal sexual conduct.

Fernandez Sorto was charged in 2022 after a girl confided in a teacher that Fernandez Sorto had abused her for years. The girl, who was 15 years old at the time, claimed the abuse had been ongoing since she was eight, according to court documents.

Fernandez Sorto denied the allegations, ultimately taking the case to trial.

What's at issue?

In his appeal, Fernandez Sorto argued that the victim should not have been allowed to take the stand with support from a courtroom support dog.

Fernandez Sorto's attorney argued against allowing the dog, saying it would "elicit improper sympathy from the jury."

Prosecutors countered, submitting evidence including:

The dog's training and certification information.
Articles on the use of support dogs in courtrooms.
An email from a social worker that explained the victim was experiencing anxiety and fear about testifying in court.

In his appeal, Fernandez Sorto argued that the ruling was incorrect.

Ruling

The court agreed with the lower court ruling, denying Fernandez Sorto's claim along with two other arguments about evidence allowed at the trial.

In its decision, the court pointed out the court took steps to limit any impact, saying the dog was not visible to the jury while testimony was underway, and entered and exited the court when the jury wasn't present.

Justices also noted this was the first time a court had ruled on a support animal issue.