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In re Healy

Criminal defense attorney did not commit criminal contempt while questioning an expert witness when he referred to his client not being convicted in his first murder trial, which ended in a hung jury.

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Attorney Timothy P. Healy was convicted of direct criminal contempt and appeals. In his sole enumeration Healy claims that the court erred in finding that Healy had committed a contemptible act. We conclude that Healy’s behavior did not constitute criminal contempt and reverse.

This case arose during Healy’s representation of Clint Shurtleff on a murder case in which the child victim had died as a result of a blunt trauma to his head. The first trial of the case resulted in a hung jury. During the second trial, the State called as an expert witness the Crime Lab’s chief medical examiner, James Dawson, who had performed the autopsy on the victim. Dawson testified that he could not determine if the child’s death was accidental, or if the child had been a homicide victim. Dawson also testified that he consulted Kris Sperry, who replaced Dawson at the Crime Lab, about the cause of the death of the child.

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