Counsel’s Failure to Raise Improper Expert Testimony Issue on Appeal Earns Defendant New Trial

MAY 19, 2014

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Last week, the Massachusetts Appeals Court reversed the defendant’s conviction in a sexual abuse case, based upon the improper expert testimony offered by the Commonwealth at trial, and the defendant’s appellate lawyer’s failure to raise that issue on the original appeal of the conviction.

In Commonwealth v. Aspen, the defendant was convicted of one count of rape of a child under sixteen, six counts of rape, two counts of indecent assault and battery, and one count of assault and battery, all in relation to accusations of sexual abuse made by the defendant’s stepdaughter. At trial, over the objection of the defendant’s trial attorney, the court permitted an expert witness to testify about general behavioral characteristics of sexually abused children in a manner that could have improperly suggested to the jury that the stepdaughter’s testimony was credible.

Posted by O’Brien Law Boston | Permalink | Email This Post

Posted In: Assault and Battery , Criminal Appeals , Expert Testimony , Ineffective Assistance of Counsel , Sex Offense