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Presentation of Disastrous Expert Was Ineffective Assistance, 7th Circuit Holds

By Peter Nordberg

Defense counsel provided ineffective assistance by calling a highly counterproductive psychological expert at the penalty phase of an Indiana capital case, the Seventh Circuit has held.The defendant molested a 10-year-old boy, killed him when he threatened to tell his parents, threw the body in the trunk of his car, drove to the countryside, and dumped the body under a bridge. His lawyers asked an expert to evaluate the defendant but to prepare no report. The expert prepared a report anyway, opining that the defendant had a history of pedophilia, possessed a firm grip on reality, lacked remorse, would likely continue to molest other children, and could commit "another violent assault on a young victim if [he] again felt it was necessary." When the lawyers asked the expert why he had disregarded their instructions, he told them: "Don't worry about it...continue to full post

Full post as published by Blog 702 on June 19, 2007 (boomark / email).