Criminal Law Blog by Defense Lawyer John Floyd and Mr. Billy Sinclair
Mentally Disabled Youth with IQ Of 47, Allowed to Plead Guilty to Sexual Assault of a Child, Judge Orders Sentences to be Served Consecutively
By: Houston Criminal Defense Attorney John Floyd and Paralegal Billy Sinclair
The jury said it did not like the sentencing options made available to it. The judge said he was not pleased that he had to sentence an 18-year-old Paris, Texas teenager to 100 years in prison. The district attorney said he “sympathized” with teenager’s situation but it had to be remembered that he “committed a violent sexual crime against a little boy.”
What exactly did Aaron Hart do? A neighbor said she discovered the mentally retarded teenager, who has an IQ of 47, fondling her stepson last November. Hart was arrested and charged with five counts of aggravated sexual assault of a child and indecency with a child.
Hart’s attorney allowed the mentally disabled youth to plead guilty at the punishment phase of his trial but elected to have the jury assess punishment at the penalty phase. After hearing all the evidence, jurors were not convinced that prison was the best option for Hart. They sent notes to the judge requesting guidance on possible alternatives to imprisonment. Jurors told the media following the trial that the judge’s responses did not provide them with any “clear answers.” They assumed the judge would impose concurrent sentences on the five convictions.
But that is not what the judge did. He sentenced Hart to 5-year terms on two counts and 30-year terms on three counts. The judge ordered the sentences to be served consecutively for a total of 100 years. Lamar Count Judge Eric Clifford’s offered the lame excuse that he didn’t believe he had any other sentencing options because “in the state of Texas, there isn’t a whole lot you can do with people like him.” (more…)
Lawyer Ineffective for Failure to Investigate, Request Medical Records Indicating Possible Insanity; (Be careful what you ask for…)
By: Houston Criminal Attorney John Floyd and Paralegal Billy Sinclair
Spencer Ojeifo Imoudu was not a normal individual. In August 2005 the Bexar County resident stole a vehicle parked outside a pawn shop. The vehicle belonged to the owner of the pawn shop. He, and another witness, saw Imoudu get in the vehicle and drive off. The two men raced to the witness’s truck and sped away after Imoudu. During the high speed chase, Imoudu turned into oncoming traffic, crashing head on into an oncoming vehicle. The driver of the other vehicle was killed. Imoudu was arrested and charged with felony murder and manslaughter. He eventually pled guilty to the two charges in exchange for a 17-year sentence with an affirmative finding of a deadly weapon. 1/
Appellant was initially represented by a court-appointed attorney. This changed after Imoudu’s father visited him in the county jail where the father found his son not acting normally. The father spoke to a jail social worker who informed him that she had noticed his son’s mental health deteriorating. The social worker had attempted to contact Imoudu’s court-appointed attorney, but the attorney had not returned any of her calls. The social worker suggested that the father retain another attorney to represent his son. 2/
The father accepted the social worker’s suggestion. In March 2006 Imoudu’s father retained a new attorney and the court-appointed attorney was dismissed. The retained attorney visited Imoudu in jail and found him staring “into space” and striking “an odd pose with his fingers on his chin” and mumbling incoherently. The attorney’s co-counsel also met with Imoudu and left feeling there was “something wrong” with him. 3/
Quite naturally the new attorney filed for a competency examination after these two separate attorney/client meetings. The trial court appointed a psychiatrist to evaluate Imoudu and followed up by conducting a competency hearing. The court-appointed expert testified at the hearing that he believed Imoudu was competent to stand trial. Imoudu, who was taking anti-psychotic medication at the time, also testified at the hearing. After hearing his client testify, Imoudu’s attorney conceded that his client was competent to stand trial. A month later Imoudu at his attorney’s suggestion accepted a plea deal offered by the state and pled guilty in exchange for the 17-year sentence. 4/ (more…)
