Judicial Building
The Iowa Court of Appeals has ordered a new trial for a Lucas man on sex abuse charges.
Chad Gillson appealed his convictions for third-degree sexual abuse and incest, saying his attorney was ineffective in questioning the testimony of three witnesses in his trial who all who vouched for the alleged victims.
Gillson said the testimony of the investigating deputy, the forensic interviewer of the victims, and a child psychologist should have been challenged.
The Court of Appeals found those three witnesses offered direct testimony about their belief in the credibility of the witness’s allegations, which crossed the thin line of what is allowed, and his attorney should have objected. The ruling says there was no corroborating evidence to go with the witness testimony and it was pervasive.
The court says there may have been a different result had the witness testimony been challenged, and the justices ordered a new trial.
Here’s the ruling: Gillson ruling PDF