Says attorney falsely represented testimony of expert witness to state high court
By Ben Neary
Associated Press
CHEYENNE, Wyo. (AP) — The Wyoming attorney general’s office claims a Cheyenne criminal defense lawyer intentionally tried to mislead the state Supreme Court by falsely claiming a government witness had vouched for the credibility of a juvenile victim in a sexual assault case. The lawyer denies the allegation.
Attorneys with the office filed papers with the high court last week claiming lawyer Dion Custis falsely characterized the trial testimony of a state expert witness in a brief to the court.
Custis said Thursday the claims were untrue.
“I’ll rely on my written response, but it’s way overreaching and outrageous” he said. “My response will ferret that out.”
Custis has until Sept. 16 to file his response.
Custis is representing a Laramie County man who’s appealing his convictions on three counts of second-degree sexual assault.
The AG claims that Custis’ brief to the state Supreme Court, filed in late July, falsely represented the testimony of examiner Lynn Huylar, who interviewed the juvenile victim for the state. The AG claims Custis falsely told the court that Huylar had vouched for the victim’s credibility.
In a previous case, the state Supreme Court did not allow testimony given by Huylar about her opinion of a different victim’s credibility.
Attempts to reach AG Peter Michael and Deputy Attorney General David Delicath for comment on Thursday were not successful. Both men signed off on the state’s request that the Supreme Court halt action on the pending appeal and consider appointing another lawyer for the convicted man.
The AG’s Office states in its brief to the Supreme Court that it also has alerted the Wyoming State Bar to the issue.
The office also represents Wyoming Public Defender Diane Lozano in defending a federal lawsuit that Custis filed in September claiming Lozano had fired him from the office in 2011 to retaliate for his ending a personal relationship with her in 1997.
In April, at the request of the AG’s Office, U.S. Magistrate Kelly Rankin agreed to strike a paragraph of Custis’ amended complaint in the Lozano case. Rankin relied on a federal rule that allows judges to strike “any impertinent or scandalous matter.”
A lawyer representing Custis filed notice this week that Custis intends to drop the lawsuit.
Last November, the Wyoming Supreme Court censured Custis, saying he had offered to arrange a $15,000 payment to the mother of a child sexual abuse victim in a separate case.
