Interpreters for the deaf give justice a voice

Justice may be blind, but it isn’t deaf.

Gary Cacciatore of Colorado Sign Language Services and other certified sign language interpreters make sure of that.

For more than 10 years, Cacciatore has provided sign language services for defendants and jurors in the 4th Judicial District.

Much like witnesses who get sworn in, interpreters take courtroom oaths to be truthful. They are paid by the state, which also funds language interpreters for non-Englishspeaking defendants.

In a recent homicide case, Cacciatore and two other interpreters helped a deaf juror not only to understand all the testimony in the multiweek trial, but also went into the jury room with him to help with deliberations.

“I’ve had three deaf jurors who actually became the foreman of their jury,” Cacciatore said.

“Personally, I feel we could have someone here full time,” said Jury Commissioner Dennis McKinney of the need for sign interpreters.

At least every other week, there’s a juror who needs a sign language interpreter. That interpreter will start with jury selection, then follow that potential juror to the courtroom for jury selection, through the trial then into the deliberation room.

If the person makes it to the final jury panel, there will often be two interpreters working.

“They back each other up and keep each other on track,” Cacciatore said. “That ensures accuracy and prevents them from wearing out. It’s very mentally taxing to go from American Sign Language to English, then back.”

Repetitive motion injuries are also common for sign language interpreters.

During the homicide trial, one interpreter would work about 15 to 20 minutes, then the other would pick it up. They sat in front of the judge and the witness box, directly in front of the juror needing interpretation.

Sue Ann VonFeldt was one of the certified interpreters who worked the homicide trial with Cacciatore. She joined the juror in the deliberation room.

“We have to concentrate on the language and make sure my deaf client’s voice is heard, and that he’s understanding all the conversation,” said Von-Feldt, who has been doing this work for more than 20 years.

They use not only their hands, but full facial expressions and body language to convey the language’s nuances.

“About 50 percent of the language is facial expressions and the use of body movement,” Cacciatore said. “If there’s no facial expressions, they don’t know if you’re asking a question or making a statement.”

Both of Cacciatore’s parents are deaf, so sign language is his “first” language. He worked with the now-defunct Pikes Peak Center on Deafness, translating for deaf men going to the doctor.

“That’s when I found out I could get paid for interpreting,” he said.

He founded Colorado Sign Language Services in 1997 and now has six to eight interpreters on contract he can call to work court cases. The company works in Colorado Springs and on the Western Slope, he said. There’s a shortage of certified interpreters in Colorado, he said.

When Cacciatore heads back to the jury room for deliberation, he said he keeps his opinions in check. “I make it clear to all the jurors I’m not involved in the deliberations,” he said. “The only thing I’m doing is helping the deaf person communicate with them.”

At times deliberations can get heated and the interpreters have to remind the other jurors to speak one at a time.

“A lot of people don’t take turns talking,” VonFeldt said. “So it’s very much a challenge.”

Both said the interpretation doesn’t seem to bog down deliberations.

“I’ve never actually deliberated as a juror, so I wouldn’t know,” he said. “But the process seems to go smoothly.”

Sign interpreters are about the only nonjurors allowed into the jury deliberation room. Foreign language interpreters, for example, aren’t allowed because a juror must read, write, speak and understand English.

Cacciatore estimates he’s probably interpreted for more than 100 jurors and worked about 21 trials.

Before the Americans with Disabilities Act, judges often dismissed deaf people from jury pools, Cacciatore said.

“The ADA has made a difference to give people more equal rights and an opportunity to participate in the judicial system,” he said.