A man serving seven life sentences for sexual misconduct with minors more than 30 years ago has been denied relief by the Arizona Court of Appeals for the sixth time.
Robert Fred Leskovsky, then in his early 30s, was arrested in June 1990 after a search of his home revealed dozens of videotapes and photographs depicting sexual abuse and sexual exploitation of several children. He was convicted by a jury of 20 felonies committed from July 1989 to June 1990.
Court records show Leskovsky’s convictions represent three counts of sexual abuse of a minor, three counts child molestation, three counts involving a minor in a drug offense, eight narcotic drug offenses, and one each of sexual conduct with a minor, attempted sexual conduct with a minor, and possession of drug paraphernalia.
The Arizona Court of Appeals affirmed Leskovsky’s verdicts and multiple life terms on appeal in 1993. In the years after, Leskovsky continued to challenge his convictions and sentences with the Pima County Superior Court four more times through 2011 via petitions for post-conviction relief. Each petition was denied.
Then in May 2020, Leskovsky filed another petition for post-conviction relief, arguing he was not provided legal counsel during a 1991 pre-trial hearing at which he argued for a new attorney. That claim had been previously addressed and rejected by the courts as a claim of ineffective assistance of counsel, but Leskvosky now characterized the issue as one of constitutional denial of counsel.
Judge Casey McGinley inherited Leskovsky’s case, and ruled against the fifth petition. The judge’s order noted the issue put forth by Leskovsky was a rehash of his claim of ineffective assistance of counsel at the 1991 hearing, not a deprivation of counsel.
And because Leskovsky argued the ineffective assistance claim several times in the past, court rules prevented him from bringing it up again. Leskovsky then asked the court of appeals to review and overturn McGinley’s order.
“We will not disturb those orders unless the court abused its discretion,” according the 3-0 decision authored by Judge Sean Brearcliffe. “Leskovsky has not shown such abuse here. Accordingly, we grant review but deny relief.”
Leskovsky is currently housed at the Arizona State Prison Complex – Eyman in Florence where he works in the laundry.
