Case Points

  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
                         Motion for Leave to Proceed in Forma Pauperis and Affidavit of Indigency

  Oct 26, 1999  Motion for Evidentiary Hearing is Denied.  Court Lacks Jurisdiction.
                          Motion for Order to Serve Copy of All Judgement Denied.  Court Lacks Jurisdiction.

  Nov 4, 1999:  Motion for Leave to file Delayed Appeal Granted by the Court of Appeals.
                          Motion for Leave to Proceed in Forma Pauperis and Affidavit of Indigency is 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.

to Gaddis Main

©2002 IIAO Inc.