A jury found Gary Goldstein guilty of child molestation and aggravated sexual battery.1 His amended motion for new trial was denied, and he now appeals, raising several enumerations of error.2 In addition to raising the general grounds, Goldstein contends that the trial court erred by clearing the courtroom for the victim’s testimony and that his trial counsel provided ineffective assistance. Upon review, we find that the evidence presented at trial was sufficient to authorize the jury to find Goldstein guilty and that the trial court did not err in temporarily closing the courtroom during the young victim’s testimony. For several reasons, however, we conclude that although Goldstein’s trial counsel was experienced and generally able, his assistance in this trial was ineffective, particularly because he inexplicably failed to present evidence known to him that bears on several important issues and could have changed the outcome of the trial. We therefore reverse the trial court’s denial of Goldstein’s motion for a new trial. 1. We first address Goldstein’s contention that the evidence presented at trial was insufficient to support his convictions. Viewed to support the jury’s verdict, the evidence showed that the incident upon which the charges against Goldstein were based occurred at a family dinner at Goldstein’s home on April 11, 2003. A number of other family members were present, including Goldstein’s wife Joanne and their two young children, Joanne’s sister Esther, Esther’s seven-year-old daughter the victim, Esther’s four-year-old daughter, Joanne’s parents, and Goldstein’s parents. The chronology of some events is disputed, but it is clear that at some point the children left the dinner table and went upstairs to play. At some point, Goldstein went upstairs for a short time to help one of his sons with a broken toy, and he returned shortly thereafter. At one time during the evening, the victim sat on Goldstein’s lap at the dinner table. Also at some point, the victim wet her pants and told her mother. Her mother testified that it was unusual for the victim to wet her pants. The victim then changed into sweat pants belonging to one of her cousins, and she and her family left shortly thereafter.
At home, while in the bathtub the victim told her mother that Goldstein “stuck his finger in my vagina tonight,” demonstrating with her mother’s finger. Her mother quickly withdrew her finger, and the victim told her that Goldstein’s finger had gone “much further than that.” When the victim’s father came home from work later in the evening, the victim told him as well. To her father, she added that Goldstein’s act “felt kind of good.” Her mother testified that since that time, the victim’s behavior had changed. She wets her pants often and has nightmares.
