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Victim Barred from Testifying in Nursing Home Abuse Case

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Framingham, MAA new decision from a Framingham District Court judge means that a woman who allegedly suffered from nursing home abuse will not be allowed to testify in the trial of her alleged assailant, according to the MetroWest Daily News.

Ruby McDonough, 63, was allegedly sexually assaulted by Kofi Agana, a Ghanaian national who worked as an aide at the home where McDonough was a resident.

The decision regarding McDonough's ability to testify comes after conflicting decisions set forth last year. Another judge had initially declared her incompetent to testify, a ruling struck down by the Massachusetts Supreme Judicial Court on the grounds that the decision constituted a violation of her rights.

The most recent decision found that McDonough was in fact competent but that a disability would prevent her from answering questions in a courtroom setting. The source reports that McDonough suffers from expressive aphasia, a condition that limits her verbal ability to give answers to anything more complicated than a yes or no question.

The new decision may ultimately be moot, as Agana is currently in the custody of U.S. Immigration and Customs Enforcement and is likely to be deported. The news source reports that although a warrant for the assault may be issued regardless of Agana's deportation status, it would be unenforceable were Agana outside the country, thus precluding the trial from taking place.

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