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Convicted Winchester man earns November retrial
In Sept. 2009, Gregory Collins, 46, was convicted of a pattern of felony sexual assault on a teenage girl and sentenced to no more than 20 years and no less than ten in state prison.
In a June 3 conference in Cheshire County Superior Court Judge John Kissinger’s chambers, held with the prosecution and defense attorneys, it was agreed Collins would continue to be detained without bail.
Prosecutors in the first trial alleged Collins performed several sex acts on a girl he knew between April and November of 2007 in Winchester.
In its opinion, the court found that Collins did not receive a fair trial since his former attorney, Lisa Wellman-Ally, failed to object to testimony from an expert witness, the girl’s therapist Robert Fusco.
He testified that the complainant’s behaviors “fit perfectly into the same kind of behavioral symptoms that we would see for a child who had been sexually abused.”
The court said, “In effect, Fusco was allowed to opine that the complainant was a victim of child sexual abuse. Her behaviors, he testified, “fit perfectly” with those of a child sexual abuse victim. After the complainant disclosed the sexual assaults, Fusco diagnosed her with post-traumatic stress disorder caused by alleged sexual abuse.”
The court said the defense’s failure to object to the testimony undermined Collins’ constitutional right to a fair trial.
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