For someone who has been convicted of child sexual abuse and who is planning to actively pursue various post conviction relief options, there are several issues to consider.

The following information is not and should not be taken as legal advise. I am not an attorney and the information that I am providing here, like all other information in my website, is simply what I have personally observed or been taught during the past 22 years of defending the falsely accused and wrongfully convicted.

Sentencing Hearing

• A sentencing hearing is simply that - a hearing where the Court sentences the person who was convicted. In some states, the legislature sets the sentencing standard for a specific crime and in some states, the sentence is the discretion of the judge or in some cases, the jury.
• In some states, the Court will order a pre-sentencing investigation or evaluation and a report of same submitted prior to the hearing date.
• In some cases, the "victim" and/or their family may testify and the hearing can become very emotional.
• If the accused/convicted does testify, they should carefully consider their testimony and what they intend to accomplish before even attempting to do so. They may have been falsely accused and they may be very angry because they were convicted of a crime they did not commit, but a sentencing hearing is not the place to attempt and re-try the case. At that point, they would have already been found guilty by either a judge or a jury.
• Although someone may have been falsely accused and wrongfully convicted, it really serves no purpose to even try to trash anyone at the sentencing hearing, regardless of whether or not it is the victim, law enforcement, the prosecutor, State experts, their own attorney, the Court or anyone else. In reality, trashing anyone at a sentencing hearing will accomplish nothing.
• There are basically two specific approaches that someone may use when testifying at their sentencing hearing and I have personally witnessed both:
• • The person who was convicted and members of their family repeatedly trashed everyone involved in their conviction and they attempted to retry their entire case. The judge sat patiently and listened, then responded, "You blame everyone else - I blame you." "20 years," and that was the maximum sentence for the charges they were convicted of. In that particular case, the person who was convicted accomplished nothing more than making the judge angry. They never considered, "What if I have to come back before this judge for any reason?"
  • The person who was convicted stating, "You Honor." "First, thank you for your patience as we have gone through this trial." "I have always maintained my innocence and I continue to do so." "This is not about denial." "I am not guilty, but unfortunately that was not proven during my trial and I can only hope that it will be at a later time." "Your Honor, I know there are those that would expect me to apologize, but again, I cannot apologize for something I did not do." I hope you understand and again, I want to thank you for your patience."
• In this second example above, the person who was convicted very politely thanked the judge for their time and patience and they continued to declare their innocence, but they did so in a respectful manner and without trashing anyone. Their reasoning was really very simple and they did consider, "What if I find myself in a position of having to return to this judge for anything in the future, be it a request for a new trial or a Petition for Writ of Habeas Corpus?" "I hope the judge will remember me out of respect based on the manner in which I handled myself at the sentencing hearing."
• Keep in mind, there are hearings that would provide opportunities to request a new trial, ask for the conviction to be set aside, and/or to present evidence to support these various motions, but the sentencing hearing is not one of them. The real question is, "How would a person who was convicted be remembered based on how they handled themselves at their sentencing hearing - as a raving lunatic or with respect?"

The Attorney's Client File

• Normally, it is a good idea for the person who was convicted to obtain their complete file from their attorney as soon as possible following their conviction.
• Obtaining that file will usually depend on the state they are living in, but generally speaking, that file belongs to the client.
• In some states, like Illinois, the attorney is restricted as to what they can show or provide the client or even the client's expert with, especially when it comes to taped interviews, transcripts or supporting documents of an accusing child.
• In Louisiana, the State can even refuse to allow the defense's expert to review a forensic tape. Hopefully, that will be challenged and reversed.
• In some states, the attorney cannot release any forensic interviews of a minor to the client. The client may have the right to see them in the attorney's office, but no right to remove them to any other location. In some jurisdictions, even the attorney must review a child's forensic interview at the district attorney's office.
• If someone is convicted, it is best to at least ask for a copy of the attorney's entire file. If there is a "legal" objection to supplying it, let the attorney explain it, then consider getting another opinion to determine what is factual and what you are entitled to.
• If someone was convicted, they can request a copy of their entire case file from their attorney simply stating that they would like to have and to keep a copy of everything specific to the case.
• In some cases, a person who was convicted may have a family member request a copy. Some attorneys will refuse, even if that family member has a power of attorney because that family member was not their client.
• If there is an issue and the person convicted is entitled to their file and the attorney refuses to supply it to a family member or other designated party, then the person who was convicted may have to send a certified letter to their attorney requesting their file and a request that it be provided to a person that they designate.
• If all of the above fails and the person convicted is entitled to part or all of their file, and their attorney refuses to provide it, the person who was convicted may consider filing a complaint with their State Bar Association.

Court File

• In addition to the attorney file, the local court should have an entire case file. Here again, in some states you would be allowed to review and copy any or all of that file, but in some states it would be protected because there was a child involved and you would not be allowed to even view it.
• It is always best to go to the court house in the county where the trial took place and ask to see a copy of the file. The Court's file will normally have copies of motions that had been filed by the State and the Defense and various Orders by the Court.
• If allowed, it may be beneficial to make a copy of the entire Court file for future reference.
• Both the Court's file and the attorney's file should have information that could explain some of the things that took place in the case prior to trial by both the State and the Defense.

Basic Background

• If a professional becomes involved in the case following a conviction, aside from case documentation, they may also want some basic background and information on the person who was convicted, the accusing child and their relationship.
• I would consider preparing at least (3) short documents:
• • A basic background on the person who was convicted such as their name, age, date of birth, education, employment history, marriage, divorce and any child custody history.
  • A basic background on the accusing child and their relationship to the accused.
  • A basic explanation as to why you believe the allegation was made.
• The three basic histories should be exactly that, basic. Writing hundreds of pages usually serves no purpose and professionals normally would not have the time to go through such detailed documents.

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