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Winchester man convicted of sexual assault gets new trial
Gregory Collins, 46, was sentenced in September 2009 to no more than 20 years and no less than 10 in state prison.
In 2009 he was tried on three counts of pattern aggravated felonious sexual assault, four counts of aggravated felonious sexual assault by individual acts, and one count of misdemeanor sexual assault.
During the 2009 trial, the therapist, Robert Fusco, testified he has 42 years of experience treating seriously traumatized abused and neglected children.
Fusco testified that, as a result of the girl’s January 2008 disclosure to him about the 2007 sexual assaults, he realized that “we were no longer dealing with ... a major depressive disorder,” but rather a post-traumatic stress disorder on a child who had allegedly 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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