Brown County Circuit Court Judge Richard Dietz Monday rejected a bid for a new trial from a therapist convicted of sexual misconduct with a teenage patient.
Green Bay Press-Gazette
February 11, 2003
No new trial for therapist convicted of misconduct
By Andy Nelesen
Michael DeLain, 40, had petitioned Dietz for post-conviction relief arguing that there was evidence not used at trial that could have affected the outcome of the case.
The evidence revolved around whether DeLain, a psychiatrist, used an appropriate counseling technique with the then 16-year-old girl.
The girl told police that DeLain fondled her during a therapy session. She was sent back for another session with a video camera in her backpack. The videotape recorded sexually-charged discussion but no inappropriate contact.
DeLain, 40, of Kaukauna, is free pending on bond post-conviction appeals. He was sentenced in Brown County Circuit Court last year to two years in prison for two felony counts of sexual exploitation by a therapist and misdemeanor obstruction.
DeLain was acquitted of a charge of sexual intercourse with a minor stemming from the April 2001 counseling sessions.
Dietz granted DeLain’s release from prison on the grounds that appeal and post conviction motions could stretch beyond the two-year sentence.
DeLain’s defense spun on the premise the girl accused DeLain of misconduct because she was fearful he would report her sexual relationship with her adult boyfriend.
DeLain’s lawyer, Robert Henak, argued that the techniques used with the girl — called provocative therapy — was a valid and appropriate therapy method.
“There is nothing inappropriate about those therapy techniques,” Henak said.
DeLain’s motion asked that Dietz grant a new trial in the interest of justice.
Dietz said the evidence and testimony in question — about DeLain’s techniques and the girl’s threats — was known at the time of the first trial and there was no evidence it wasn’t trial strategy not to include it in the defense’s case.
The girl’s father was happy with Dietz’s decision Monday, but was frustrated that DeLain remains free.
“He has been convicted of two felonies and a misdemeanor and he is out walking the streets,” the man said. The Press-Gazette is not identifying the man to protect the identity of his daughter.
Brown County Deputy District Attorney John Luetscher said he was pleased with the judge’s decision, but added there are more hearings remaining.
Henak said he was disappointed with Monday’s outcome, but “cautiously optimistic” for the rest of the motions.
At issue is whether DeLain’s lawyer, Steven Glynn, provided effective
representation. That issue will be taken up at a hearing scheduled for April 15.
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