The Court of Appeals of Georgia has rejected the appeal of an Augusta man serving life in prison without the possibility of parole for sexually abusing a 12-year-old boy.
In an opinion released Wednesday, the court found Daniel Boos, 51, was fairly tried and convicted in October 2012 when a jury found him guilty of four counts of aggravated child molestation and three counts of child molesting.
The appeal was based on the trial judge’s refusal to allow a clinical psychologist to tell the jury his opinion of the truthfulness of Boos’ accuser.
The psychologist hadn’t interviewed the boy but had reviewed some school records and a psychological evaluation. The psychologist believed the child exhibited signs of “conduct disorder,” one symptom of which is lying.
The appellate court cited a series of cases in which courts have rejected expert opinion about a witness’s truthfulness when jurors are capable of making that determination on their own.
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