©2002 IIAO Inc.
| Mr. Gaddis was charged
with rape and gross sexual imposition after the accusation of his fiancé's
daughter, who was 12 at the time. Mr. Gaddis said that no such event
had ever occurred. The alleged victim showed no signs of trauma, and behaved
normally.
At the initial examination of the alleged victim, both the mothers of the alleged victim and Gaddis were told by the examiner that there were no signs of any sexual assault, no indications of any sexual activity or intrusions, and he believed that the allegations were manufactured. Mr. Gaddis was represented by attorney Tom Shaughnessy, who was not fully appraised of these admissions, and did not interview these potential witnesses, or the medical examiner. Nor did counsel seek to discover the medical reports, but advised Mr. Gaddis to enter a plea of guilty, after his original plea of not guilty. Further, the defendant avers that counsel failed to follow up on exculpatory forensic test results. The record indicates that on Oct. 28, 1997, the court issued an order for samples of blood, saliva and hair from the defendant for comparison to the results taken from the alleged victim. The BCI&I laboratory conducted preliminary exclusion tests on those samples for which the defendant was determined to be not the source of the biological stains. Counsels performance was constitutionally deficient. Oct 29, 1997: Motion for Discovery Oct 29, 1997: Request for Bill of Particulars May 13, 1999: Motion for Leave to Withdraw Guilty Plea Jun 17, 1999: Motion for Establishment of a Date Certain for Evidentiary Hearing Jun 21, 1999: Motion for Appointment of Counsel Aug 18, 1999: Motion for Appeal Sep 17, 1999: Appeal Dismissed Oct 6, 1999: Notice of Appeal,
Motion for Leave to file a Delayed Appeal
Oct 26, 1999 Motion for Evidentiary
Hearing is Denied. Court Lacks Jurisdiction.
Nov 4, 1999: Motion for Leave
to file Delayed Appeal Granted by the Court of Appeals.
Jan 4, 2000: Motion to Extend Time to file Record and Brief is Granted by the Court of Appeals May 30, 2000: Brief filed in the Eighth District Court of Appeals Note: Motions for Discovery and Bill of Particulars have still not been responded to. |
©2002 IIAO Inc.