State's Expert Discredited; Inconsistencies of Child Witness Revealed
Apr 10, 2013OUTCOME: Not guilty all counts
Our client was charged with Sexual Abuse in the First Degree; Sexual Abuse by a Guardian,Custodian or Person in a Position of Trust; and Use of Obscene Matter with Intent to Seduce a Minor. This was a ... huge victory in Putnam County, West Virginia for a number of reasons. First, the judge in the criminal trial had presided over custody issues in family court. After hearing the evidence in that proceeding, he issued written findings of fact that Roger had sexually abuse his step-daughter continuously over a 5-year period. He refused to recuse himself, and the WV Supreme Court said he did not have to. Second, the judge refused a misdemeanor plea with lifetime sexual registration, saying that the plea was too lenient. Roger was facing 50 years and lifetime supervision over and above the registration. Third, the judge permitted the prosecution to call a previously undisclosed expert with only 2 days notice and would not grant a continuance. He said we could get our own expert – never imagining that we could and did! Fourth, the State paraded all its usual witnesses from law enforcement and the Child Advocacy Center. We were able to point out inconsistencies in the child's testimony that were created solely through the State's own evidence. The case began on Monday and the jury returned Not Guilty verdicts on all counts on Wednesday evening after nearly 6 hours of deliberation.
