False Allegations Of Child Sexual Abuse. Edward Nichols
in the cross-examination of adverse experts and factual witnesses; Assistance in the cross-examination of the alleged victim[s]; Securing and preparing defense experts and rebuttal witnesses; Preparation of your factual witnesses; Legal and forensic research; Assistance in the preparation of opening and closing statements; Jury selection; and other appropriate trial services.
How will an initial case assessment and document review help my case?
There are three answers to this question: First, the structuring of a case’s strengths and weaknesses within the context of defined case strategies is essential to managing the case within a given or projected budget.
Second, defining legal and forensic objectives at the earliest possible stage of a case is the most effective way to insure that critical objectives are met long before the trial date.
Third, the cost of prevention is much less than the cost of rehabilitation. Our national experience shows that mistakes made at the initial stages of the case are the most expensive.
What is involved in the performance of an initial case assessment?
This depends upon the stage of the case as well as the complexities involved. An initial case assessment may simply involve a document review and telephone interviews, or by contrast, a trip to your jurisdiction may be in order. Call Nichols Consulting for a prompt estimate of the work involved for an initial case assessment in your case.
What is the most important factor in the early stages of defending a false allegations case?
Our national experience has shown that the formulation of an effective theory of the case is clearly the most important factor in the early stages of defending false allegations. Understanding what juries will believe in these kind of cases has proven to be both an art and a science. Nichols Consulting has the training and national experience worthy to the task.
For example, conviction after conviction has shown that the following theories fail time and again:
The complaining witness is a liar. Juries believe that while children will lie about a great number of things, sexual abuse is not something they would lie about.
The mother is a vengeful, manipulator who has put the child up to the allegations. Juries do not believe that mothers will, and even if so disposed, that mothers can, orchestrate these kind of allegations. Putting motherhood on trial is simply not a good idea.
The mother was sexually abused as a child and thus she has orchestrated the allegations. Making a mother a victim and then attempting to vilify her is likely to score few points with a jury.
The state’s expert, or interviewer, intentionally tutored the child into making the allegations.
Juries have a much higher regard for mental health professionals and caseworkers than defense lawyers do. This conspiracy theory is rarely, if ever, accepted by juries in these cases.
In the formulation of a plausible theory, from the juries point of view, subtlety counts for everything. Nichols Consulting will efficiently assist you in the development of a theory of the case that most assures you of a successful result.
How will Nichols Consulting help me with strategy development?
In false allegations cases being proactive is essential. Reacting to the state’s lead will always place your client behind the curve and, in effect, playing “catch up”.
In order to begin proactively and stay proactive throughout the case, you must have discovery, pretrial, evidentiary, and investigative strategies that are proactive. That keeps the state in a reactive posture behind the curve.
Nichols Consulting is nationally experienced, in a multitude of circumstances, to provide you with proactive strategies that will give you the advantage.
How will Nichols Consulting help me with evidentiary issues?
Nichols Consulting is regarded by many as being the national leader on the scientific understanding of what is and is not “evidence” of child sexual abuse. This book, and the national work of Edward Nichols, has set the standard by which “junk science” proffered by many “expert” witnesses may be exposed.
Nichols Consulting will guide you, step by step, through the maze of evidentiary issues in child sexual abuse cases. We will put in your hands the hard science that will controvert the state’s witnesses.
How will Nichols Consulting help me with investigative issues?
Prudent case management requires that investigations, whether through the employment of private investigators or through discovery activities, be focused.
The notion that investigations will somehow turn up evidence that will “fit into” the defense is an expensive “needle-in-the-haystack” approach.
Nichols Consulting will assist you to focus your investigative budget so as to maximize effectiveness.
How will Nichols Consulting assist by analyzing witness statements, reports, and taped statements?
Given the forsenic complexities of child sexual abuse cases, attorneys are faced with the prospect of having to hire expert witnesses for the purpose of explaining and/or controverting statements and reports.
One thing is certain, expert witnesses are most interested in being paid to provide testimony. There is no doubt that assessments are colored by the desire to collect fees. Attorneys and juries know this well.
By contrast, Nichols Consulting has no motivation to recommend the employment of an expert witness unless it would help your client. Nichols Consulting does not provide expert testimony. In most cases, we assist attorneys to make the state’s expert their own witness. When expert testimony is desirable, Nichols Consulting will assist you to find the most effective and appropriate expert.
How will Nichols Consulting help me with motion practice?
Nichols Consulting has on staff some of the most experienced attorneys in the area of child sexual abuse cases. We have consistently seen how motion practice is essential to a proactive defense. We are particularly experts in the very specific areas of Brady motions, Frye or Daulbert motions, discovery motions, and appropriate motions in limine.
How will Nichols Consulting help me with the formulation of a pretrial strategy?
In child sexual abuse cases a proper pretrial strategy should be designed to eliminate or reduce: [1] The amount of “expert” testimony the state gets in; [2] The amount of hearsay “exception” evidence that the state gets in; and [3] Prejudicial evidence against the defendant.
Nichols Consulting hits the ground running in the formulations of effective pretrial strategies to accomplish these goals.
How will Nichols Consulting help in the cross-examination of adverse experts and factual witnesses?
Edward Nichols, and the consulting firm he founded, are nationally known for their ability to assist counsel in holding an adverse expert’s “feet to the fire” with the use of current, state-of-the-art, scientific research.
The plain truth is that science is on the side of the falsely accused. Equally true is that defense counsel typically does not have the hard-science at his disposal, and most experts he employs do not either.
Moreover, traditional defense strategies often result in the calling of a defense expert to counter the state’s expert. In effect, many defense attorneys choose, for lack of another alternative, to fight “junk science” with more “junk science”. The result: Juries view the state’s expert as a “champion of children’s causes” and the defense expert as a “hired gun”.
The most dramatic and effective alternative is to turn the state’s expert into your expert with the use of current scientific research and