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How do good attorneys lose false allegations of child sexual abuse cases?

They believe one or more of the following deadly myths:

These cases are like any other criminal case.

Not true. While the standard of proof remains technically the same, juries expect you to prove your case, rather than just defend it. Fail to do so only at your client’s peril!

This is simply a credibility case.

You may show that the complaining witness has lied on numerous occasions, you may even show that she has a propensity to lie, the critical question is: Did she lie about the specific allegations? Research shows that juries believe that children generally do not lie about sexual abuse allegations. Changing this perception requires specific psychosocial techniques that are case-specific.

The prosecution does not have enough to prove this case.

National research shows that the prosecution does not need very much to “prove” child abuse allegations. If you do not present a plausible theory of the case that contains both internal and external consistency, you will likely lose the case.

I’ll counter the state’s expert by putting on contradictory expert testimony.

State’s experts are viewed by juries as champions of children and defense “hired guns” are viewed as apologists for pedophiles. Feed into this dynamic only at your client’s peril!

National experience has taught that the effective way to counter a state’s expert who proffers “junk science” is to make him the defendant’s witness through appropriate and informed cross-examination.

Moreover, the most effective strategy for dealing with adverse expert witnesses is through informed motion practice, particularly in the area of motions in limine and/or Frye or Daulbert motions. Nichols Consulting is on the cutting edge of national developments in these areas wherein forensics and the law meet.

I’ll show the jury that the complaining witness was influenced by others to make the false allegations.

Juries dislike conspiracy theories, judges hate them. The appropriate context to show that a young child was influenced by significant others and/or interviewers is in the context of a pretrial “suggestibility/taint” hearing [called by different names in various jurisdictions]. This emerging area of the law is recognized nationally. The caselaw is clear, and such a hearing holds great promise for limiting hearsay that often comes in under various “hearsay exceptions”.

Moreover, these pretrial hearings offer excellent discovery opportunities especially when coupled with informed and inspired Brady motions. Nichols Consulting is on the forefront of these proceedings.

These cases do not require any special expertise on the part of the defense attorney.

These cases are stacked against the defendant: Judges routinely rule in favor of the prosecutor on evidentiary issues. Often they ignore relevant caselaw that defense counsel must be aware of to defend his client effectively.

Juries, in the best case, are highly prejudiced against the defendant; and in the worst case, will convict unless you put on a compelling case.

Prosecutors get to try their case with the assistance of a department of social services, a child protection unit, and a cadre of homegrown “prosecution experts” all trained in sophisticated, psychosocial dynamics that feeds into the jury’s “perceptions” that have been tainted by public service “education”.

The cards are stacked against the defendant, unless the defense attorney decides to call in Nichols Consulting.

Why should I hire Nichols Consulting?

Suppose the department of social services, child protective services, and their lawyers and experts wanted to work for you and your client, would you accept their help?

That’s the kind of expertise that Nichols Consulting brings to the occasion, excepting that we are highly trained and motivated and real science and law are on our side!

Nichols Consulting consists of mental health and legal professionals all handpicked by Edward Nichols, the author of this book, and the founder of Nichols Consulting.

With over twenty years of professional practice behind him, Edward Nichols has worked as a protective caseworker, given testimony for social services, directed and supervised social service agencies, provided testimony for defendants nationally, and now, he heads the national consulting firm that can give you the advantage in defending false allegations. It’s like getting help from an “insider”.

When you call Nichols Consulting you will speak to Edward Nichols who takes a personal interest, and central role, in every case accepted. False allegations of child sexual abuse are the only cases that we handle. We are the national experts and our consultants are on the forefront of forensic and legal developments in the area of false allegations.

How much does Nichols Consulting cost?

Our professionals charge an hourly fee comparable to the hourly fees charged by attorneys and mental health experts nationally. We also perform many services on a flatfee basis.

In terms of the overall cost for the case, since our services most often reduce the cost of primary legal services, the overall cost of the case is about the same, or sometimes less?

Attorneys who are primarily motivated by how much they can extract financially from clients on a given case typically do not retain us. Attorneys who take pride in their work more typically do. Moreover, Nichols Consulting maintains a substantial national panel of referral attorneys. Attorneys who work cases with us often become our “go to” referral lawyers in their geographic area. So, in actuality, there is a financial incentive for responsible attorneys to retain us, and an obvious benefit to their clients.

During your free initial consultation an estimate of the cost of requested services will be given. Sometimes only telephone consultation and document reviews are necessary, sometimes Mr. Nichols and/or others will be dispatched to your location to assist.

What kind of cases do you accept?

While the bulk of Nichols Consulting caseload is criminal cases, we also accept civil cases and have been hired to assist in criminal appeals.

Many attorneys also hire us when allegations have first been made to assist in advocating for clients who may face a civil or criminal matter.

What specific services do you provide?

We provide comprehensive services that are customized to meet your specific needs. Our services may include: Initial case assessment and document review; The formulation of an effective theory of the case; Strategy development; Analysis of evidentiary issues; Analysis of investigative issues; Analysis of witnesses statements, reports and video and/or audio taped statements; Analysis of and assistance with motion practice; Analysis of and assistance with formulating a pretrial strategy; Assistance in the cross-examination of adverse experts and factual witnesses; Assistance in the cross-examination of the alleged victim[s]; Securing and preparing defense experts and rebuttal witnesses; Preparation of your factual witnesses; Legal and forensic research; Assistance in the preparation of opening and closing statements; Jury selection; and other appropriate trial services.

How will an initial case assessment and document review help my case?

There are three answers to this question: First, the structuring of a case’s strengths and weaknesses within the context of defined case strategies is essential to managing the case within a given or projected budget.

Second, defining legal and forensic objectives at the earliest possible stage of a case is the most effective way to insure that critical objectives are met long before the trial date.

Third, the cost of prevention is much less than the cost of rehabilitation. Our national experience shows that mistakes made at the initial stages of the case are the most expensive.

What is involved in the performance of an initial case assessment?

This depends upon the stage of the case as well as the complexities involved. An initial case assessment may simply involve a document review and telephone interviews, or by contrast, a trip to your jurisdiction may be in order. Call Nichols Consulting for a prompt estimate of the work involved for an initial case assessment in your case.

What is the most important factor in the early stages of defending a false allegations case?

Our national experience has shown that the formulation of an effective theory of the case is clearly the most important factor in the early stages of defending false allegations. Understanding what juries will believe in these kind of cases has proven to be both an art and a science. Nichols Consulting has the training and national experience worthy to the task.

For example, conviction after conviction has shown that the following theories fail time and again:

The complaining witness is a liar. Juries believe that while children will lie about a great number of things, sexual abuse is not something they would lie about.

The mother is a vengeful, manipulator who has put the child up to the allegations. Juries do not believe that mothers will, and even if so disposed, that mothers can, orchestrate these kind of allegations. Putting motherhood on trial is simply not a good idea.

The mother was sexually abused as a child and thus she has orchestrated the allegations. Making a mother a victim and then attempting to vilify her is likely to score few points with a jury.

The state’s expert, or interviewer, intentionally tutored the child into making the allegations.

Juries have a much higher regard for mental health professionals and caseworkers than defense lawyers do. This conspiracy theory is rarely, if ever, accepted by juries in these cases.

In the formulation of a plausible theory, from the juries point of view, subtlety counts for everything. Nichols Consulting will efficiently assist you in the development of a theory of the case that most assures you of a successful result.

How will Nichols Consulting help me with strategy development?

In false allegations cases being proactive is essential. Reacting to the state’s lead will always place your client behind the curve and, in effect, playing “catch up”.

In order to begin proactively and stay proactive throughout the case, you must have discovery, pretrial, evidentiary, and investigative strategies that are proactive. That keeps the state in a reactive posture behind the curve.

Nichols Consulting is nationally experienced, in a multitude of circumstances, to provide you with proactive strategies that will give you the advantage.

How will Nichols Consulting help me with evidentiary issues?

Nichols Consulting is regarded by many as being the national leader on the scientific understanding of what is and is not “evidence” of child sexual abuse. This book, and the national work of Edward Nichols, has set the standard by which “junk science” proffered by many “expert” witnesses may be exposed.

Nichols Consulting will guide you, step by step, through the maze of evidentiary issues in child sexual abuse cases. We will put in your hands the hard science that will controvert the state’s witnesses.

How will Nichols Consulting help me with investigative issues?

Prudent case management requires that investigations, whether through the employment of private investigators or through discovery activities, be focused.

The notion that investigations will somehow turn up evidence that will “fit into” the defense is an expensive “needle-in-the-haystack” approach.

Nichols Consulting will assist you to focus your investigative budget so as to maximize effectiveness.

How will Nichols Consulting assist by analyzing witness statements, reports, and taped statements?

Given the forsenic complexities of child sexual abuse cases, attorneys are faced with the prospect of having to hire expert witnesses for the purpose of explaining and/or controverting statements and reports.

One thing is certain, expert witnesses are most interested in being paid to provide testimony. There is no doubt that assessments are colored by the desire to collect fees. Attorneys and juries know this well.

By contrast, Nichols Consulting has no motivation to recommend the employment of an expert witness unless it would help your client. Nichols Consulting does not provide expert testimony. In most cases, we assist attorneys to make the state’s expert their own witness. When expert testimony is desirable, Nichols Consulting will assist you to find the most effective and appropriate expert.

How will Nichols Consulting help me with motion practice?

Nichols Consulting has on staff some of the most experienced attorneys in the area of child sexual abuse cases. We have consistently seen how motion practice is essential to a proactive defense. We are particularly experts in the very specific areas of Brady motions, Frye or Daulbert motions, discovery motions, and appropriate motions in limine.

How will Nichols Consulting help me with the formulation of a pretrial strategy?

In child sexual abuse cases a proper pretrial strategy should be designed to eliminate or reduce: [1] The amount of “expert” testimony the state gets in; [2] The amount of hearsay “exception” evidence that the state gets in; and [3] Prejudicial evidence against the defendant.

Nichols Consulting hits the ground running in the formulations of effective pretrial strategies to accomplish these goals.

How will Nichols Consulting help in the cross-examination of adverse experts and factual witnesses?

Edward Nichols, and the consulting firm he founded, are nationally known for their ability to assist counsel in holding an adverse expert’s “feet to the fire” with the use of current, state-of-the-art, scientific research.

The plain truth is that science is on the side of the falsely accused. Equally true is that defense counsel typically does not have the hard-science at his disposal, and most experts he employs do not either.

Moreover, traditional defense strategies often result in the calling of a defense expert to counter the state’s expert. In effect, many defense attorneys choose, for lack of another alternative, to fight “junk science” with more “junk science”. The result: Juries view the state’s expert as a “champion of children’s causes” and the defense expert as a “hired gun”.

The most dramatic and effective alternative is to turn the state’s expert into your expert with the use of current scientific research and other materials provided to you by Nichols Consulting. This also saves the cost of a testifying defense expert.

Nichols Consulting is also able to assist with factual witnesses especially “factual” witnesses that are brought under hearsay exceptions that are typical in these cases.

How will Nichols Consulting assist in the cross-examination of alleged victims?

We are told that defense attorneys have nightmares about cross-examining children in alleged sex abuse cases. Moreover, where multiple victims are alleged, defense attorneys lose much sleep.

With the assistance of Nichols Consulting you will be prepared for this critical part of the trial. Clearly, the cross-examination of children takes on a totally different psychosocial dynamic than the typical cross of an adult complaining witness.

Nichols Consulting will lead you, step-by-step, through the cross providing questions and followups that fit into the defense theory of the case and trial strategies.

If I should need an expert or rebuttal witness, will Nichols Consulting help me?

Yes. Often attorneys will call us seeking an expert witness. As previously mentioned, defense experts are often not needed when the case is properly prepared, however, there are a number of situations in which bringing a defense expert is appropriate. This is often true when the state has opened a door that the defense wishes to rebut, or often a well prepared defense will include having a defense expert prepared and available in case the cross of the state’s expert does not go as planned.

While Nichols Consulting has worked with experts of national reputation, often a local expert is more appropriate. In such cases Nichols Consulting will locate and prep a local expert to provide a science-based presentation one which is very difficult to cross.

Is Edward Nichols available to provide expert testimony?

Edward Nichols has retired from the provision of expert testimony and dedicates his full time efforts to expert consultation. However, in the rare case that Nichols Consulting is unable to provide you with an efficient and appropriate expert for your case, Edward Nichols may consider providing expert testimony. Similarly, he will consider providing expert testimony in a case that holds a promise of creating significant caselaw.

How will Nichols Consulting help me with defense factual witnesses?

In false allegations cases the psychosocial dynamics are essential. Ignore them at your client’s peril!

Our national research indicates that juries astutely pick up on body language, dress, choice of words, presentation styles, and a host of psychosocial factors.

These factors are no secret to departments of social services and social workers who have been “preparing” the state’s witnesses for years. They are trained to “prepare” witnesses.

Nichols Consulting will assist you so that you are playing on a level field!

How will Nichols Consulting help me with research?

Our legal and mental health professionals are authorities on the current legal and psychosocial developments that impact on false allegations. Employing Nichols Consulting puts these data at your fingertips!

How does Nichols Consulting assist in the preparation of opening and closing statements?

Our national experience has taught us two important lessons: Child sexual abuse defenses must be proactive in every respect; and the entire trial from opening to closing statements must hold together with both internal and external consistency.

Nichols Consulting will assist you in orchestrating all of these dynamics within the context of your opening and closing statements. We will learn your style and preferences and structure the content and essential dynamics into your style. We understand the psychosocial dynamics that are often critical to the child sexual abuse defense.

How will Nichols Consulting help with jury selection?

The strategies for the selection of an appropriate jury in a child sexual abuse case are unique. The general public has been falsely “educated” by the social work profession regarding the subject of child sexual abuse. Nichols Consulting has the social work expertise to detect such “education”, or other life experiences, that should disqualify a juror.

The proper selection of a jury often means the difference between a conviction or hung jury, and most often, between a hung jury and an acquittal. Nichols Consulting can give you this advantage!

What if I’m on a limited budget and only want a limited amount of services?

Our service delivery protocols are designed to provide you with the services you want in a timely and efficient manner, within a reasonable budget. Most often we are able to meet these objectives.

How do I get Nichols Consulting to help?

Give us a call at [607] 5638707. We maintain normal business hours [Eastern Time]. When you call you will speak to Edward Nichols as soon as possible. He will assess your needs and answer any questions you may have. This is a gratis consultation.