From GRSchoener@aol.com Wed Mar 2 06:22:40 2005 Received: from mxe7.u.washington.edu (mxe7.u.washington.edu [140.142.32.169]) by lists.u.washington.edu (8.13.3+UW05.01/8.13.3+UW05.01) with ESMTP id j22EMeiZ006048 for ; Wed, 2 Mar 2005 06:22:40 -0800 Received: from imo-m19.mx.aol.com (imo-m19.mx.aol.com [64.12.137.11]) by mxe7.u.washington.edu (8.13.3+UW05.01/8.13.3+UW05.01) with ESMTP id j22EMdvg025860 for ; Wed, 2 Mar 2005 06:22:40 -0800 Received: from GRSchoener@aol.com by imo-m19.mx.aol.com (mail_out_v37_r3.8.) id d.7d.642eb58a (4426) for ; Wed, 2 Mar 2005 09:22:34 -0500 (EST) From: GRSchoener@aol.com Message-ID: <7d.642eb58a.2f57262a@aol.com> Date: Wed, 2 Mar 2005 09:22:34 EST Subject: The wages of sin .... and false testimony To: forensicguidelines@u.washington.edu MIME-Version: 1.0 Content-Type: multipart/alternative; boundary="-----------------------------1109773354" X-Mailer: 9.0 SE for Windows sub 5004 X-Uwash-Spam: Gauge=XXXXII, Probability=42%, Report='FONT_STYLE_1PT 4.4, NO_REAL_NAME 0, __AOL_FROM 0, __BAT_BOUNDARY 0, __C230066_P1_4 0, __C230066_P2 0, __CHILD_PORN_NOT_1 0, __CT 0, __CTYPE_HAS_BOUNDARY 0, __CTYPE_MULTIPART 0, __CTYPE_MULTIPART_ALT 0, __HAS_MSGID 0, __HAS_X_MAILER 0, __MIME_HTML 0, __MIME_VERSION 0, __SANE_MSGID 0, __TAG_EXISTS_HTML 0' -------------------------------1109773354 Content-Type: text/plain; charset="US-ASCII" Content-Transfer-Encoding: 7bit Unrelated to the guidelines, but relevant to the issue of false testimony, today's Mpls. StarTribune has an interesting article relevant to false credentials. Note that this "expert" does in fact have degrees as claimed --just not in "clinical" psychology: Purported expert on sex offenders charged with perjury Chao Xiong, Minneapolis Star Tribune March 2, 2005 ? ? A Woodbury man who lied about being licensed to practice psychology in Minnesota testified that a convicted sex offender did not meet the threshold to be civilly committed, according to court documents and perjury charges filed Monday. Michael J. Nilan, 55, testified last summer that Edward V. Martin was not a "sexually dangerous person" or "sexual psychopathic person," according to documents. The court's first expert, however, had found that Martin was a "sexually dangerous person," but the court ruled not to order Martin civilly committed. It allows the state to hold a sex offender indefinitely after the prison sentence is complete. Nilan's testimony was rescinded in September when a Hennepin County lawyer raised doubts about his credibility. The case was retried, and the court is deciding whether to commit Martin, who tried to rape a woman in 1989 and has been convicted of multiple counts of first-degree criminal sexual conduct. "The most significant repercussion is that everyone will be more careful in checking the credentials of people," said Hennepin County Chief District Judge Lucy Wieland. Hennepin County Attorney Amy Klobuchar called the case "disturbing for the justice system." Nilan was charged Monday with three counts of perjury and three counts of practicing psychology without a license over testifying in three cases, two involving sexual predators. He did not return messages left at his home. Nilan, who was paid $6,120 by the state for testifying in the case, also lied about having a Ph.D. in clinical psychology from a correspondence school, Madison University, and a master of arts degree in clinical psychology from the University of St. Thomas, according to the charges. He actually has a doctorate in psychology from Madison University and a master of arts degree in counseling psychology from St. Thomas. He also said he graduated from the University of Wisconsin-Madison, but the school has no record that he ever attended. Wieland said Nilan's background was not thoroughly screened because defense attorneys selected him as a second expert witness. The county contracts with private psychologists who are thoroughly checked and testify as "first examiners," but defense attorneys can request a second expert, or "second examiner," who acts as a court-appointed witness and is paid by the state. "Traditionally the court isn't involved in second-guessing the defense attorney's choice," Wieland said. "This is a very unusual situation." Nilan was hired when the court was inundated with a "tremendous" amount of cases involving sexual predators, making second examiners difficult to find, she said. Lawrence Panciera, director of forensic psychological services for Hennepin County District Court, said he has considered and is open to creating a system to check the backgrounds of second examiners. The Anoka County attorney's office is prosecuting the case to avoid any conflict of interest over the Hennepin County lawyer's role. Chao Xiong is at _cxiong@startribune.com_ (mailto:cxiong@startribune.com) . This case presents an interesting question regarding whether or not those who over-represent their credentials in forensic testimony could be open to prosecution. I will try to get more details to determine which of his testimony, precisely, was mentioned in the indictment. Gary Schoener grschoener@aol.com -------------------------------1109773354 Content-Type: text/html; charset="US-ASCII" Content-Transfer-Encoding: quoted-printable
Unrelated to the guidelines, but relevant to the issue o= f=20 false testimony, today's Mpls. StarTribune has an interesting article releva= nt=20 to false credentials. Note that this "expert" does in fact have degrees as=20 claimed --just not in "clinical" psychology:
 

Purported expe= rt on=20 sex offenders charged with perjury

Chao Xiong, =20 Minneapolis Star Tribune=20

March 2, 2005  

?

?

 

A Woodbury man who lied about bei= ng=20 licensed to practice psychology in=20 Minnesota testified that a=20 convicted sex offender did not meet the threshold to be civilly committed,=20 according to court documents and perjury charges filed Monday.

Michael J. Nilan, 55, testified l= ast=20 summer that Edward V. Martin was not a "sexually dangerous person" or "sexua= l=20 psychopathic person," according to documents.

The court's first expert, however= , had=20 found that Martin was a "sexually dangerous person," but the court ruled not= to=20 order Martin civilly committed. It allows the state to hold a sex offender=20 indefinitely after the prison sentence is complete.

Nilan's testimony was rescinded i= n=20 September when a Hennepin=20 County lawyer raised doubts about= his=20 credibility. The case was retried, and the court is deciding whether to comm= it=20 Martin, who tried to rape a woman in 1989 and has been convicted of multiple= =20 counts of first-degree criminal sexual conduct.

"The most significant repercussio= n is=20 that everyone will be more careful in checking the credentials of people," s= aid=20 Hennepin County Chief District Judge Lucy Wieland. Hennepin County Attorney=20= Amy=20 Klobuchar called the case "disturbing for the justice system."

Nilan was charged Monday with thr= ee=20 counts of perjury and three counts of practicing psychology without a licens= e=20 over testifying in three cases, two involving sexual predators. He did not=20 return messages left at his home.

Nilan, who was paid $6,120 by the= state=20 for testifying in the case, also lied about having a Ph.D. in clinical=20 psychology from a correspondence school,=20 Madison=20 University, and a master of arts=20 degree in clinical psychology from the=20 University of St.=20 Thomas, according to the charges. He actually ha= s a=20 doctorate in psychology from Madison=20 University and a master of arts=20 degree in counseling psychology from St.=20 Thomas.

He also said he graduated from th= e=20 University of Wisconsin-Madison, but the school has no record that he ever=20 attended.

Wieland said Nilan's background w= as not=20 thoroughly screened because defense attorneys selected him as a second exper= t=20 witness. The county contracts with private psychologists who are thoroughly=20 checked and testify as "first examiners," but defense attorneys can request=20= a=20 second expert, or "second examiner," who acts as a court-appointed witness a= nd=20 is paid by the state.

"Traditionally the court isn't in= volved=20 in second-guessing the defense attorney's choice," Wieland said. "This is a=20= very=20 unusual situation." Nilan was hired when the court was inundated with a=20 "tremendous" amount of cases involving sexual predators, making second exami= ners=20 difficult to find, she said.

Lawrence Panciera, director of fo= rensic=20 psychological services for Hennepin County District Court, said he has=20 considered and is open to creating a system to check the backgrounds of seco= nd=20 examiners.

The=20 Anoka=20 County attorney's office is=20 prosecuting the case to avoid any conflict of interest over the=20 Hennepin=20 County lawyer's role.

Chao Xiong is at cxiong@startribune.com.

This=20= case=20 presents an interesting question regarding whether or not those who=20 over-represent their credentials in forensic testimony could be open to=20 prosecution.  I will try to get more details to determine which of his=20 testimony, precisely, was mentioned in the indictment.<= /P>

 

Gary=20 Schoener   grschoener@aol.com

 

 
 
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