April 25, 2008

Conviction Reversed in Child Sex Abuse Case

Appellate court rules that defense attorney failed to “protect the interests” of a woman convicted of sexually abusing her children

MINEOLA – Nassau County District Attorney Kathleen Rice announced today that a state appellate court has overturned the sexual abuse conviction of a Syosset woman after finding that her attorney failed to “protect the interests of his client” during the defendant’s March 2006 jury trial.

In a six-page decision, the Appellate Division, Second Department, ruled that defense counsel “demonstrated a failure to properly comprehend the tactical process necessary to set the stage for the defense” and that the “ineffective assistance of trial counsel commenced from the opening statements.”

In March 2006, a jury found the 53-year-old woman guilty of three felony counts of Course of Sexual Conduct Against a Child in the Second Degree and a misdemeanor count of Sexual Abuse in the Second Degree. During the trial, her 15 and 18-year-old children testified to being the victims of years of sexual abuse inflicted upon them by their mother. The jury reached its unanimous verdict after four weeks of testimony and less than eight hours of deliberation. Two months later, a Nassau County judge sentenced the woman to 21 years in prison.

The defendant immediately appealed, arguing that her conviction should be reversed on several grounds, including that her attorney failed to provide effective assistance of counsel.

Rice said that the appellate court’s decision reversing a conviction on ineffective assistance of counsel grounds was rare in Nassau County and that her office would move to re-try the defendant on the charges as soon as possible.

Rice has assigned the case to veteran sex crimes prosecutor and Deputy Bureau Chief of the DA’s Special Victims Bureau, Stephen Antignani. The defendant is now being represented by Kevin Keating, Esq., of Garden City.