Prosecution seeks refund

They prosecuted Dalia Dippolito for eight years and three trials in the infamous murder-for-hire plot case. Now the state wants something else: $1,200 from Dippolito’s attorneys.

The Palm Beach County State Attorney’s Office on Monday asked the trial judge to order the defense lawyers to pay the cost of a prosecution expert’s time.

They argue the defense intentionally barred the expert, a psychologist, from examining Dippolito’s mental state in violation of a court order.

While prosecutors say they have never tabulated the overall costs in the high-profile case, they are asking the court to interdefendants vene in this one bill.

Dippolito, 34, is appealing her conviction and 16-year prison sentence for scheming to have her husband killed in the summer of 2009.

Attorney Richard Lubin — representing Dippolito’s trial lawyers — told Circuit Judge Glenn Kelley there is no proof the lawyers willfully missed an appointment with psychologist Stephen Alexander.

Lubin also argued it was impossible for Dippolito to be examined, because the prosecutor never arranged for her to be excused from house arrest for the exam, which had been scheduled for Saturday, June 10.

“Had she done it she would have the weekend in jail,” he said.

The judge said he needed more time to review the history of other cases that dealt with such an issue before he would rule.

Dippolito did not appear in the courtoom, instead she remained in a holding cell.

Mental health examinations for criminal spent are allowed when certain defenses are used. In Dippolito’s case, her lawyers had been considering making a claim that she was a battered woman. They’ve said she suffered from domestic abuse in her marriage to Michael Dippolito, resulting in post-traumatic stress disorder.

Because of the mental condition, Dalia Dippolito was susceptible to alleged attempts by Boynton Beach police to arrange meetings between her and an undercover cop posing as a hit man, the defense argued before the trial.

To support this theory, Dippolito’s lawyers wanted to use as a witness Lenore Walker, a psychologist who wrote a book on battered women and domestic violence. In battered women’s defenses, prosecutors have a right to have their own experts talk to defendants before such testimony at trial.

Two days before the trial began, Judge Kelley approved Alexander’s examination of Dippolito. She was ordered to cooperate fully, and the State Attorney’s Office would pay Alexander’s expenses.

Prosecutor Laura Laurie said Dippolito was a no-show and Alexander remained on call for a portion of the following day.

Defense attorney Greg Rosenfeld wrote in an email to Laurie that the missed meeting was unintentional. He advised the prosecutor that because the defense decided against claiming at trial that Dippolito was entrapped by the cops, prosecutors had no right to evaluate her.

The defense expert, and Dippolito, never testified at the trial. Dippolito’s lawyers urged the jury to acquit her because of a shoddy investigation by Boynton Beach police.

She was found guilty after 90 minutes of deliberations.

mjfreeman@sun-sentinel.com, 561-243-6642 or Twitter @marcjfreeman