(dissenting).
It is critical to note that these children did not initially implicate the grandmother, La-Jean Koepsell. Rather, Lajean Koepsell’s husband was pointed out as the individual who sexually abused these children.
After interviews with the children’s mother and medical personnel and counselors, the stories of the children were rearranged or changed to implicate Lajean Koepsell. There was no question during the trial that the children had been sexually abused. Who abused the children and when — that was the real jury question.
In reading the cases in South Dakota,* it becomes obvious that this Court has adopted the rule that experts can testify that children reveal the characteristics of abused children. However, it is equally true that this Court has held that the experts cannot testify to the credibility or veracity of a child’s complaints. Said another way, there can be general expert testimony which would be admissible to assist the jury in identifying sexually abused children; however, this cannot spill over with testimony which bolsters a child’s credibility. If the latter takes place, the province of the jury as the factfinder is eliminated. Behavioral science experts simply are not permitted to take over the role of a jury trial. As the Ninth Circuit held in United States v. Barnard, 490 F.2d 907, 912 (9th Cir.1973) cert. denied, 416 U.S. 959, 94 S.Ct. 1976, 40 L.Ed.2d 310 (1974):
Credibility ... is for the jury — the jury is the lie detector in the courtroom ... It is now suggested that psychiatrists and psychologists have more [expertise in weighing the veracity of a witness] than either judges or juries, and that their opinions can be of value [in determining credibility]. Perhaps. The effect of receiving such testimony, however, may be two-fold: first, it may cause juries to surrender their own common sense in weighing testimony; second, it may produce a trial within a trial on what is a collateral but still an important matter.
We have oft-over held that “the credibility of witnesses and the weighing of the evidence is for the jury.” State v. Myers, 88 S.D. 378, 381, 220 N.W.2d 535, 537 (1974). Here, the experts specifically testified to the children’s capacity for truthfulness thereby violating State v. Floody, supra, and State v. Goodroad, 455 N.W.2d 591 (S.D.1990).
Defense counsel protected Lajean Koep-sell’s rights and the record. A discussion was held in chambers before any evidence was adduced. Koepsell’s counsel attempted, by motion, to prohibit two experts from expressing opinions on guilt or innocence of his client. Preliminarily, he won the battle, for the trial court granted the motion but, in the end, he lost the battle. DSS investigator Becky McGuire testified that the children “had not been coached.” A child psychologist, Cynthia Pilkington, testified as to her “impressions” of conversation with the children. And, inter alia, also testified that “the children were not programmed” or “coached.” Prior to the “they were not programmed” and “they were not coached” testimony, both witnesses were able to answer questions, through observations of the children and impressions as to why the children were not “programmed” or “coached.” In short, the initial court order was granted and then abandoned as the evidence unfolded; thereby, the experts were testifying as to the credibility of the children. In closing argument, the prosecution strongly emphasized that the experts’ testimony (concerning credibility) was “insurmountable evidence to show what the kids said happened, happened.” Thereby, the prosecutor violated the decisions of this Court by advocating that the *597experts could properly vouch for the children’s out-of-court declarations. A jury should be deciding the credibility, not these two experts. It is to be remembered that the children’s testimony was hearsay in the first instance; then, if an expert is permitted to testify as to the credibility of the hearsay, the law would countenance untrustworthy and unreliable evidence.
LaJean Koepsell did not have a fair trial. On the aforesaid issue, I would reverse the conviction.
Additionally, I would reverse the conviction on Issue II, relative to the advocacy by appellate counsel that LaJean Koepsell’s rights were denied when the trial court absolutely refused cross-examination of the children’s mother, V.N. My supporting authority is: State v. Volk, 331 N.W.2d 67, 71-72 (S.D.1983) and State v. Brandenburg, 344 N.W.2d 702, 705 (S.D.1984). These two cases condemn a trial court’s ruling to foreclose a defendant from impeaching a witness to establish bias and prejudice. As an example, V.N. made (allegedly) harassing phone calls to LaJean Koepsell. Questions bearing on V.N.’s intentions to sue Koepsell were propounded and the trial court would not permit them. Later, it developed in a motion for new trial, that V.N. had, indeed, sued Koepsell, on behalf of the children, for damages. The file was in McCook County and the trial court took judicial notice of it. This was all legitimate inquiry to get to the truth of the allegations of V.N. against LaJean Koepsell, but was not presented to the jury for it to consider the reasons and motivations of V.N. It was proper impeachment. It’s exclusion was not harmless error as the State argues; for, indeed, in Volk, 331 N.W.2d at 71, we honored a United States Supreme Court decision in Davis v. Alaska, 415 U.S. 308, 94 S.Ct. 1105, 39 L.Ed.2d 347 (1974), which held that impeachment of a key witness births an issue of constitutional dimension.
State V. Svihl, 490 N.W.2d 269 (S.D. 1992); State v. Floody, 481 N.W.2d 242, 248-9 (S.D.1992); State v. Spaans, 455 N.W.2d 596, 599 (S.D.1990); McCafferty v. Solem, 449 N.W.2d 590, 592-93 (S.D.1989).