Failure to call expert does not disturb child abuse conviction.

Byline: Barry Bridges

A Superior Court judge has rejected the contention of a mother convicted of child abuse that her trial attorney was ineffective in failing to present an expert at trial to testify as to the causes of her infant son's life-threatening injuries.

In denying Danielle Lefebvre's application for post-conviction relief, Judge Netti C. Vogel could not say that there was a reasonable probability the jury would have found the defendant not guilty if it had heard from an expert she retained.

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There is no per se rule in this state that in order to provide effective counsel in an abusive head trauma case, defense counsel must consult an expert or be declared ineffective."

Judge Netti C. Vogel

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Furthermore, she determined that counsel was not ineffective in conducting the cross-examination of the state's child abuse pediatric specialist, Dr. Amy Goldberg of Hasbro Children's Hospital, without first consulting an expert.

"Contrary to Ms. Lefebvre's description of trial counsel's cross-examination as 'woefully lacking,' the court found [her attorney] was well-prepared and that her cross-examination was adequate," Vogel wrote. "Ms. Lefebvre has failed to demonstrate how [her attorney's] preparation for cross-examining Dr. Goldberg so undermined the proper functioning of the adversarial process that the trial cannot be relied on as having produced a just result."

The judge also rejected the applicant's claim that her case was prejudiced by her attorney's production of mental health records that were ultimately used against her at trial. Vogel said that counsel's decision to hand the records over to the prosecutor was a tactical one designed to provide mitigating information helpful to Lefebvre, even though it was undertaken without knowledge of the prosecutor's right to present the records at trial.

[box type="shadow" align="alignright" width="325px"]CASE: Lefebvre v. State, Lawyers Weekly No. 61-019-20 (32 pages)

COURT: Superior Court

ISSUE: Was a trial attorney ineffective in not presenting an expert to testify at a child abuse trial on the causes of an infant's injuries or in failing to consult with such an expert prior to cross-examining a state witness?

DECISION: No[/box]

Post-conviction attorney for the applicant was Kathleen A. Nee of Providence. Neither she nor representatives of the Attorney General's Office were available for comment on the ruling prior to press time.

Alleged fall from bed

In October 2011...