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The Minnesota Court of Appeals has upheld a Stearns County man’s sexual abuse conviction in the state’s first trial where a support dog accompanied a young witness as she testified.

In July 2023, a Stearns County jury found Jairo Fernandez Sorto guilty of first-degree criminal sexual conduct for abusing a teenage girl for years starting when she was eight. He was sentenced to 30 years in prison.

, Nova, was present in the courtroom as the 15-year-old girl testified. Nova was trained by Hopkins-based Helping Paws to provide emotional support to victims as they relate their experiences.

In Minnesota, there’s no law allowing facility dogs in court, but none banning them either. 

Fernandez Sorto objected to the dog’s presence, arguing it would unfairly elicit sympathy and prejudice the jury against him. The judge sided with Stearns County and allowed the dog to accompany the victim. 

Fernandez Sorto challenged his conviction, arguing among other things that the court had abused its discretion by allowing the dog in court.

The appeals court disagreed. It noted that the lower court considered whether the dog could help the girl, who had expressed fear and anxiety about testifying, give truthful and complete testimony.

The appeals court also noted that the district court took steps to make sure the dog was not a distraction. Nova was not visible to the jury and made no noise during the trial. The judge also instructed the jury not to draw any conclusions from the dog’s presence.

A district court may consider different factors when weighing the use of a support animal and different ways to mitigate the impacts, given the circumstances of the case, the opinion states.

The appellate court’s decision is precedential, meaning its reasoning will apply to future cases. Sorto’s attorneys have 30 days to decide whether to petition the Minnesota Supreme Court for review.

Stearns County Attorney Janelle Kendall called it “a great day for victims in the state of Minnesota.” She said she’s pleased the court looked at it from the viewpoint of what will help a witness testify truthfully and completely.

“They saw that from the perspective of the person who has to testify to these things in front of strangers and in front of the offender,” Kendall said. “So just looking at a way to get the victim’s whole story out.”

Alyssa Golob, executive director of Helping Paws, said the decision was a relief, given that it was the first time a dog was allowed to be present in a trial. She said Stearns County handled the situation carefully to make sure there could be no argument of bias, knowing there was likely to be an appeal.

“We’re thrilled,” she said. “We were all kind of sitting on pins and needles waiting to hear. They won’t be able to come after these court dogs, because they’re doing their job.”

Without Nova’s support, it’s unlikely that Sorto’s victim would have testified, Golob said.

“If we don’t allow these young victims to have these dogs in the courtroom while they’re testifying in the most traumatic moments of their life, we’re not going to get these convictions, and the bad guys are going to be out there,” she said.

Golob said she anticipates getting more requests for facility dogs from other Minnesota counties. Nova’s sister, 

A 24-hour statewide sexual violence and domestic violence hotline is available in Minnesota. You can call 

Kirsti Marohn

Author

In July 2023, a Stearns County jury found Jairo Fernandez Sorto guilty of first-degree criminal sexual conduct for abusing a teenage girl for years starting when she was eight. Stearns County’s facility dog, Nova, was present in the courtroom as the 15-year-old testified.

Support dog's presence didn't bias sex abuse trial, Minnesota appeals court rules

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