Pedophile's counsel is ruled effective; new trial denied
By Rodney Foo
Mercury News
Frederick Everts, convicted of 15 child molestation counts and facing
more than 1,100 years in state prison, was denied a new trial Friday by
a Santa Clara County Superior Court judge.
Everts contended that he was the victim of ineffective legal counsel
and was denied the opportunity to present expert testimony to bolster
his insanity plea, which would send him to a psychiatric hospital
instead of a prison.
In a May interview with the Mercury News, Everts, 36, said he feared
harm from prison inmates because he is a child molester. He is
currently housed at the Santa Clara County main jail.
Last year, Everts was convicted of child molestation and three more
counts that included possession of child porn and distributing child
porn. Everts, a three-strikes candidate, was accused of molesting three
children, ages 3 to 9.
Everts shared a South San Jose home with Dean Schwartzmiller, a serial
pedophile who was convicted of child molestation in September and
awaits sentencing this month.
Three psychiatrists examined Everts and found him to be sane. Everts
sought a fourth psychiatrist who he believed would have testified that
he was legally insane. However, that doctor, who had not reviewed all
of Everts' medical reports, was not retained because of questions about
the credibility of his findings.
As a result, no mental health expert testified on behalf of Everts
during the insanity hearing.
During Friday's hearing, Judge Alfonso Fernandez said he found that
Everts' trial attorney, Alfonso Lopez, ``did render effective
assistance of counsel'' and that Everts' case ``suffered no
prejudice.''
Later, Fernandez granted Lopez's request to be relieved as Everts'
counsel. Everts agreed to accept attorney Steve Woodson as his lawyer.
Woodson will represent Everts at a Feb. 9 sentencing.
It is likely that Everts will appeal his case and seek a new trial
again, Woodson said after the hearing.
|
|