Jun 11, 2008 4:30 pm US/Eastern
Court Allows Suspect To Show Evidence Of Autism
NEWARK (AP) ―
A piano teacher convicted of molesting a young student can get a new trial so he can introduce evidence that he suffers from a form of autism called Asperger's Syndrome, the state Supreme Court ruled Wednesday.
The state's highest court said Franklin Jack Burr II can present expert testimony on the diagnosis in an effort to explain his conduct because it was "relevant and material."
The expert sought to "testify about the serious difficulties in social interaction, as well as the odd, even bizarre, actions and mannerisms that can be common to persons who have the disorder," the court said.
The Middlesex County Prosecutor's Office opposed the request, while Burr's defense said the testimony could "show the jury a full picture of what it is that (he) is suffering from and why he may make inappropriate social judgments, not criminal judgments, but inappropriate social judgments."
The trial judge in Middlesex County barred the testimony after determining it would not prove that Burr had a mental defect that prevented him from understanding his actions. Burr was not pursuing a "diminished capacity" defense.
The female student testified at trial that in 2004 Burr touched her over her clothes and often pulled her onto his lap. Burr was convicted of sexual assault and child endangerment and sentenced in 2005 to six years in state prison.
Burr appealed, and the 6-0 Supreme Court decision upheld an appellate ruling that vacated Burr's conviction. Chief Justice Stuart Rabner did not participate.
Burr, 62, had been held at East Jersey State Prison but was released in August.
Messages left for Burr lawyer Vincent James Sanzone Jr. were not immediately returned.
A message seeking comment from the Middlesex County Prosecutor's Office was not returned.
The Supreme Court noted that the expert testimony could have assisted the defense by rebutting an assertion from the prosecution that the defendant was grooming her for future sexual assault by familiarizing her with such contact.
"The expert would have testified to the effect that persons with Asperger's Disorder generally do not have the ability to manipulate people easily because of their weakness in detecting social cues that other persons readily recognize," Justice Jaynee LaVecchia wrote for the court.
(© 2009 The Associated Press. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed.)
Top Secret: Military Jets
Click to enlarge
Stumble It!
Comments