Prosecutors want a jury to hear statements made by 15-year-old twin boys they allege were starved and abused by their parents, a move that could reduce the need for the teens to testify in court.
That request is among the motions Lehigh County Judge James T. Anthony must decide prior to the trial of Tracy Dechant, 43, and her husband, Joshua Dechant, 36, the mother and stepfather of the boys.
The Lower Macungie couple appeared in Lehigh County Court in Allentown Monday in preparation for their upcoming trial on aggravated assault, conspiracy to commit third-degree murder and other charges.
Prosecutors also have put the couple on notice that they intend to seek the mandatory minimum prison sentence for them if they’re convicted. That’s two years behind bars for aggravated assault.
The Lehigh County District Attorney’s Office has asked Anthony to admit statements they say the twins made to several people after police removed them from the Dechants’ home, including a neighbor and medical professionals.
Such statements are usually considered hearsay and are not permitted in court. But under a controversial exception called the “tender years doctrine,” judges have allowed juries to hear children’s descriptions of trauma without putting them on the witness stand.
In a pretrial motion filed in advance of Monday’s proceedings, prosecutors stated that they want a jury to hear several statements the boys made shortly before the Dechants were arrested.
According to the motion:
One of the twins told an emergency room doctor that the defendants “tackled him, ripped his hair out and backhanded him as punishment.”
The same twin told a doctor that he and his brother were supervised at all times including when they used the bathroom, and that “there have been multiple instances where he has been incontinent because he was unable to find supervision to use the bathroom,” according to the motion.
One twin told a neighbor that he was forced to stand outside naked in below-freezing temperatures as punishment, the motions states.
None of these statements would be permissible in court under normal rules.
Prosecutors say the purpose of the tender years doctrine is to help vulnerable victims by allowing the court to admit into evidence testimony that otherwise might not be shared when a young victim is too traumatized to fully testify.
The rule used to apply only to the statements made by children 12 and younger, but was expanded in 2021 to include children up to age 16.
The change faced opposition from some legal scholars and the American Civil Liberties Union, which argued that it allowed prosecutors to bypass defendants’ Sixth Amendment right to confront their accusers.
The Pennsylvania District Attorneys Association argued in favor of the change, noting that young teen victims are often more self-conscious and ashamed of being victimized, and as a result have more difficulty testifying than younger children who do not necessarily understand the crimes committed against them.
The Dechants declined to comment as they left the courthouse Monday. They still do not have attorneys, and have maintained they cannot afford them.
Tracy Dechant told the judge that they’ve spoken to lawyers and received quotes, but that “the numbers were just out of our reach.”
The couple, who told the judge they are both employed, do not qualify for a public defender. They were ordered to return to court on Dec. 9.
They were arrested in January after one of the twins went to a neighbor’s home asking for food. Once inside the house, the neighbor told police, the boy “would not stop eating.” State police went to the Dechants’ Divot Drive home and spoke to the twins and the couple’s other children. Court records say the boys were severely underweight and had bruises and sores on their bodies.
When admitted to the hospital, one brother weighed approximately 53 pounds and the other weighed approximately 55 pounds. Doctors said boys of their size and age should weigh approximately 110 to 143 pounds.
Prosecutors have also filed a motion for joinder, so that they can try the defendants together at one trial.