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Doug Richards Speaks to Law360 on Psychological Disorders as Defense

Richards Carrington cofounder Doug Richards was recently quoted by Law360 in a piece reporting on strategies by criminal defense lawyers to highlight a defendant’s psychological disorders as an argument for obtaining a reduced sentence.

The piece cites the case of George Gilmore, a New Jersey attorney whose lawyer used a particularly creative argument to obtain a reduced sentence after he was found guilty of payroll tax violations as well as filing a false bank loan application. During his sentencing hearing, Gilmore’s attorneys blamed his actions on an addiction to collecting high-value items, such as a woolly mammoth tusk worth $82,000.

The strategy worked to some degree. U.S. District Judge Anne E. Thompson sentenced Gilmore to 366 days in prison – a year and one day – when prosecutors had sought a minimum of 27 months. Thompson also agreed to stay the sentence while it was on appeal after Gilmore’s attorney suggested the Third Circuit, which would consider the appeal, may find merit to the defense. Thompson had originally struck the testimony related to Gilmore’s diagnosis from the record.

When asked for comment, Mr. Richards commended the sentence Gilmore’s attorneys secured in the matter, calling it a “great result.” He also commented on the possibility of seeing similar defenses employed in the future. Time will tell. As will the outcome of Mr. Gilmore’s appeal.

You can read more in Law360.


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