Whether a trial defense attorney representing an adult autistic criminal defendant provides effective assistance of counsel by concealing the defendant's autism during trial and only revealing it as a mitigating circumstance at sentencing

is: WHETHER A TRIAL DEFENSE ATTORNEY, REPRESENTING AN ADULT AUTISTIC CRIMINAL DEFENDANT, WHO ENLISTS AS EXPERT WITNESSES TWO MENTAL HEALTH PROFESSIONALS WITH NO EXPERIENCE OR EXPERTISE WITH AUTISTIC ADULTS, AND WHO DECIDES AFTER SOME RESEARCH THAT IF THE JURY LEARNED DURING TRIAL THAT THE CLIENT IS AUTISTIC THEY WILL PERCEIVE THE DEFENDANT AS “A MENTALLY ILL MONSTER WHO COULD NOT CONTROL HIS -i IMPULSES TO SEXUALLY ABUSE CHILDREN” REGARDLESS OF WHETHER AN EXPERT TESTIFIES THAT IS AN INVALID CONCLUSION, EVEN THOUGH, AFTER CONCEALING THE DEFENDANT’S AUTISM THROUGHOUT THE TRIAL, INTENDS TO AND DOES REVEAL THE DEFENDANT’S AUTISM TO THE JUDGE AND PROSECUTOR AT THE SENTENCING AS A MITIGATING CIRCUMSTANCE, PROVIDES EFFECTIVE ASSISTANCE OF COUNSEL AS REQUIRED BY THE SIXTH AMENDMENT TO THE CONSTITUTION. In an effort to address criminal defendants who “suffer[] from a significantly reduced mental capacity” that “contributed substantially to the commission of the offense,” a downward departure may be warranted, U.S.S.G. §5K2.13, Diminished Capacity (Policy Statement). This would seem an essential guidepost for a criminal defense attorney representing an adult autistic criminal defendant and an integral part of any mitigation strategy when representing an autistic adult defendant and raising his autism as a sentencing mitigator. Accordingly, the second question presented is: WHETHER A TRIAL DEFENSE ATTORNEY, REPRESENTING AN ADULT AUTISTIC CRIMINAL DEFENDANT, PROVIDES THE CONSTITUTIONALLY GUARANTEED EFFECTIVE ASSISTANCE OF COUNSEL IN SENTENCING BY PRESENTING LIMITED EVIDENCE OF THE CLIENT’S AUTISM, SEEKING A LENGTHY PRISON SENTENCE, NOT ADVOCATING FOR TREATMENT OR SPECIAL PLACEMENT DUE TO AUTISM, NOT REQUESTING A U.S.S.G. §5K2.13 SENTENCE REDUCTION FOR DIMINISHED CAPACITY, AND FAILING TO USE THE DEFENDANT’S AUTISM, A LIFE-LONG CONDITION, TO REBUT THE COURT’S ACKNOWLEDGED AGGRAVATORS, AFTER HIDING THE CLIENT’S AUTISM THROUGHOUT THE TRIAL FROM NOT ONLY THE JURY, BUT BOTH THE JUDGE AND PROSECUTOR. -li