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HABEAS CORPUS: WRONGFUL CONVICTION OF AUTISTIC DEFENDANT
Over the past years we have handled innumerable habeas petitions, most of which began the same: a visit to our offices by troubled family members with a loved one in jail as a result of a distressing story of uncaring, incompetent legal representation.
A recent case, involving a young man in his early 20's (we will call him “John Smith” here for privacy reasons) was serving a sentence of close to 10 years on numerous robbery / burglary convictions none of which involved violence or the use of a weapon. During the initial interview with his parents I was struck first by the severity of the sentence (a total of on effective 12 year sentence) for a first time offender involved in non-violent crimes all of which occurred in one brief period approximately two months.
As we became more deeply involved in this story as recounted by this young man’s parents we were advised of the usual litany of complaints arising from ineffective legal representation in cases of this type: absence of attorney client communication; failure to conduct any factual investigation; no legal motion practice of any kind, including discovery of the prosecution case or attempt to limit or dismiss the state’s theory of the case; or any attempt to build or pursue a legal defense, particularly based on mental disease or defect which could be used not only in argument to a jury but alternatively to bring about a successful plea agreement; application to a pre-trial diversionary program offering treatment in lieu of prosecution; or a minimal sentence after a negotiated plea.
After agreeing to take the case, our first step was to obtain John Smith’s entire medical and academic records, particularly after learning that there may have been an early diagnosis of autism, along with all prison and court records and court reporter transcripts of every court appearance particularly the transcript of his guilty plea and convictions.
All of these records were then submitted for review to two expert witnesses: a accomplished attorney with an accomplished history as an academic and practicing lawyer in the area of criminal defense; and a distinguished neuropsychologist with distinguished credentials and much practical experience treating and diagnosing psychological issues.
In the ensuing habeas corpus trial, with the assistance of expert testimony from these two experts and multiple fact witnesses, we successfully established that John Smith suffered from a significant case of autism which, coupled with other medical issues including drug addiction (a consequence in his case of his untreated autism), that not only provided him with a defense to his criminal prosecutions but prevented him from fully comprehending either his court proceedings or what little advice had been provided to him by his attorney.
After a lengthy trial that included a comprehensive focused attack on the State’s rebuttal case, the habeas proceeding case was successfully concluded.
For reasons of confidentiality the specific means by which this case was concluded cannot be discussed. Suffice to say that John Smith was released from jail shortly after his trial was concluded. With his psychological disabilities now fully recognized, aided by a supportive family and his own commitment to obtain treatment and began his life anew, he is ready and able to begin his life as a successful citizen.