03/28/08 (IL):
Judge's Error in Not Allowing Experts Overturns Conviction
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Michael Cardamore's conviction for sexually molesting seven young girls has been overturned by the Second District Appellate Court. He had received a 20 year prison sentence for the crimes which included aggravated criminal sexual abuse at his family owned gym in Aurora between 1999 and 2002.
The Court appeared to rely on three main grounds for allowing the appeal. Firstly, the judge had erred in allowing into evidence allegations of sexual misconduct from the witness stand that were not charged - as many as 257 other incidents according to Cardamore's attorney, Kathleen Zellner.
The Appellate Court found that the judge had also erred in refusing to allow testimony of expert witnesses brought in by the Defense team regarding the reliability of child victim testimony. Lastly, the judge had erred in his directions to the jury regarding the need for a unanimous verdict.
Cardamore's attorneys said they felt vindicated after the result and that Court had clearly agreed with their submissions that the Appellant had certainly not had a fair trial first time around.
The Appellate Court ordered a new trial on the sexual abuse charges after earlier upholding Cardamone's conviction for intimidating a witness in the case. He is still serving a three year sentence for this offence.
© X-Pro 2008
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