Child Porn Defendant Got Fair Trial Though Lawyer Secretly Admitted Revulsion, 2nd Circuit Says
An appointed lawyer’s secretly admitted abhorrence at evidence implicating his client in a sex abuse case did not deprive the defendant of a fair trial, a federal appeals court has ruled.
The New York City-based 2nd U.S. Circuit Court of Appeals said the trial court did not abuse its discretion when it refused to allow Binghampton, N.J., lawyer Kelly Fischer to withdraw from the case, the New York Law Journal and Thomson Reuters News & Insight reported. Fischer’s client, Dean Sacco, was convicted of buying a minor to produce child pornography, producing child porn, and traveling interstate to engage in sexual conduct with a minor.
The sealed motion filed by Fischer in 2008 said his intense personal feelings against Sacco were so strong that they could affect his ability to effectively represent his client. Fischer indicated that he was particularly troubled by evidence recently turned over to him by the government: a used condom with the child’s DNA.
In an opinion (PDF) released last week, the 2nd Circuit found no abuse of discretion when U.S. District Judge Thomas McAvoy refused Fischer’s motion. “I don’t think the law requires zealousness on [the] part of the attorney,” McAvoy had said. “I think it requires adequacy on [the] part of the attorney. I know Mr. Fischer is more than adequate.”
According to the 2nd Circuit, the relevant disciplinary rule said appointed lawyers may only withdraw for compelling reasons, and repugnance for the subject matter or belief in guilt are not compelling reasons. Fischer knew the nature of the charges when he accepted the representation, the court said, and he had indicated he was prepared for trial.
