High court rejects Attleboro sect leader's murder appeal

By Globe Staff

The state's highest court has rejected an appeal from the leader of an Attleboro religious sect who was convicted of first-degree murder in the April 1999 starvation death of his son.

Jacques Robidoux, who said he deprived his 10-month-old son, Samuel, of solid food to follow a prophecy from God, was convicted in June 2002.

He asserted in his appeal, among other things, that his lawyer had been ineffective because he failed to pursue an insanity defense.

Robidoux had discussed pursuing an insanity defense with his defense lawyer but had rejected the idea, the court said in an opinion written by Justice Robert Cordy.

While Robidoux argued in his appeal that his lawyer should have proceeded with the insanity defense anyway, the court said, "Such a holding would stand in stark contrast to our prevailing law."

The court said Robidoux's lawyer had done nothing wrong by agreeing to his wishes not to use the defense.

"It cannot be considered error for counsel to heed a competent defendant's refusal to pursue an insanity defense," the court ruled.

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