New Trial Ordered by PA Superior Court for Client Convicted of Sexual Assault

Criminal Defense Lawyer Zak T. Goldstein, Esquire

Criminal defense lawyer Zak T. Goldstein, Esquire, recently won a new trial for a client who had been convicted of involuntary deviate sexual intercourse in the Philadelphia Court of Common Pleas. In the case of Commonwealth v. G.W., the defendant was convicted following a jury trial on charges of allegedly molesting a girlfriend’s young daughter. The jury found him guilty, and the trial court sentenced him to a state prison sentence of thirty - sixty years’ incarceration. This would have been a life sentence for G.W.

Attorney Goldstein represented G.W. on appeal and was able to successfully convince the Pennsylvania Superior Court to overturn the conviction. At trial, the complainant had made a number of inconsistent statements about the details relating to the allegations - each time she was interviewed by the authorities, she had told markedly different stories about the illegal acts involved, where they allegedly took place, whether other people were home, and whether she had told anyone. It was also very clear that there were significant reasons for her to potentially fabricate the story. The jury, however, convicted in part due to highly improper testimony from one of the Commonwealth’s witnesses.

As a general rule, when a juvenile complainant makes an allegation that they have been the victim of some kind of crime in Philadelphia, the complainant is typically interviewed by forensic interviewers at the Philadelphia Children’s Alliance. The interviewers have some level of training on interviewing children regarding sensitive allegations, and the videos are recorded so that they can be reviewed by law enforcement and potentially used at trial. In this case, the Commonwealth called a supervisor from the Philadelphia Children’s Alliance to testify regarding the process that that agency uses for investigating these types of cases and conducting the interviews. The supervisor then confirmed that the complainant had undergone an interview and that the agency had recorded it. The Commonwealth then played the video-taped interview for the jury.

On cross-examination, the criminal defense attorney questioned the supervisor on whether the complainant had made a number of inconsistent statements both during the interview as well as to police officers and other witnesses. The supervisor confirmed that she had. On re-direct, without qualifying the supervisor as an expert witness, the Commonwealth then asked the supervisor if it was normal for children to have trouble giving consistent statements. Obviously taking the prosecutor’s hint, the supervisor immediately testified that this type of thing happens all of the time, that children have trouble remembering such traumatic events, and that as they become more comfortable, the stories often evolve. In other words, the supervisor suggested that the jurors should not concern themselves with the fact that the statements had changed repeatedly because such a thing is normal and perfectly consistently with a child complainant who is telling the truth.

Fortunately, the trial attorney objected to this improper expert testimony. The PCA supervisor had not been qualified as an expert witness to testify about the typical responses of alleged sexual assault victims, and the defense had not been provided with any notice that the Commonwealth would try to offer this type of testimony to explain away the wildly inconsistent statements which the complainant had made. The trial judge allowed the introduction of the testimony over the defense’s objection. Having been re-assured that it did not need to worry about the inconsistent statements, the jury convicted.

G.W. appealed. Attorney Goldstein argued to the Superior Court that the improper admission of this unqualified expert testimony had unfairly prejudiced the jurors against G.W. and that G.W. should receive a new trial. This testimony was not supported by any research, the supervisors qualifications were not provided to the defense, and the defense had not been given any notice that it would need to prepare to try to rebut this type of testimony. Had the defense been given notice, it could have considered retaining its own experts, doing additional research, and the defense could have prepared to cross examine the supervisor to show that this type of conclusion is not reliable. The Superior Court agreed. The Court recognized that testimony regarding the typical response of a sexual assault victim is clearly expert testimony and that such testimony is not necessarily admissible. Even in cases where this type of testimony may be admissible, the defense is entitled to notice and expert reports so that the defense can properly prepare for trial instead of being ambushed with unfair, unproven expert testimony. Accordingly, the Superior Court ordered that G.W. receive a new trial. The thirty to sixty year sentence has been vacated as a result of Attorney Goldstein’s successful arguments on appeal.

Facing criminal charges? We can help.

Philadelphia Criminal Defense Lawyers Demetra Mehta and Zak Goldstein

If you are facing criminal charges or under investigation by the police, we can help. We have successfully defended thousands of clients against criminal charges in courts throughout Pennsylvania and New Jersey. We have successfully obtained full acquittals in cases involving charges such as Conspiracy, Aggravated Assault, Rape, and Murder. We have also won new trials on appeal and in PCRA litigation for clients charged with crimes as serious as sexual assault and first degree murder. Pennsylvania criminal appeals are a complicated and highly technical area of the law, and just because a lawyer has defended clients at trial does not mean that they have the level of expertise and knowledge necessary to making winning arguments in the appellate courts. Our lawyers have that critical skill and experience. We offer a free criminal defense strategy session to any potential client. Call 267-225-2545 to speak with an experienced and understanding defense attorney today.