Domestic Violence Not Guilty Verdict – 9/27/17

The Alleged Crime:  My client was charged with one count of Battery Domestic Violence, a misdemeanor.

The Evidence:  The alleged victim claimed that her then-boyfriend and father of her child grabbed her arm and pushed her to the ground in the driveway of the house where he was living.  When she reported the incident the next night, the police took her statement and photos of her injuries, but did not further investigate the incident.

The Trial:  I cross examined the victim regarding her version of events and was able to show that she had at least four different versions of her story.  For example, on direct examination she claimed that she went home after the incident, where her brother called police about an hour later.  In fact, I was able to show that she did not report the incident to police until over 24 hours afterward.  I was also able to get her to admit that she probably made physical contact with my client first. No evidence was presented that my client pushed the alleged victim to the ground.

In addition, I called two witnesses to testify on behalf of my client.  One of the witnesses saw the alleged incident, but explained that he saw my client grab the alleged victim’s arm only after she swung at him, and only in self-defense.  His testimony came off as credible because he admitted that he felt both parties were in the wrong.  The other witness explained how the alleged victim stayed at the house for several hours after the incident and had no visible injuries at that time.

The Defense:  It was our position that my client acted only in self defense.  When arguing self defense, the prosecution must prove beyond a reasonable doubt that the defendant did not act in self defense if any evidence of self defense is provided.

The Outcome:  My client was found not guilty of all charges.

Domestic Violence Not Guilty Verdict – 9/11/17

The Alleged Crime:  My client was charged with one count of Battery Domestic Violence, a misdemeanor.

The Evidence:  The alleged victim claimed that his then-girlfriend struck him.

The Trial:  After cross-examination of the alleged victim, I was able to show that his testimony was not credible.  There were no other witnesses presented at trial.

The Outcome:  My client was found not guilty of all charges.

Not Guilty Verdicts in Felony Jury Trial – 6/6/17

The Alleged Crimes:  The client faced nine felony counts, including Burglary While in Possession of a Firearm (Category B), Robbery with Use of a Deadly Weapon (Category B), Attempt Robbery with Use of a Deadly Weapon (Category B), and First Degree Kidnapping with Use of a Deadly Weapon (Category A).  The charges included three separate events at three separate locations.  Prior to trial, an Amended Indictment was filed, dropping two counts of First Degree Kidnapping with Use of a Deadly Weapon.

The Evidence:  The State alleged that the three separate events were robberies committed in a series, and linked them by the clothing worn by the suspect in each event.  At trial, the State produced evidence including testimony of several witnesses and surveillance video footage from each event.  As to the first event, the State was unable to produce any physical evidence directly tying the client to the crime.

The Jury Trial:  I worked with another criminal defense attorney, Jess Matsuda, during the trial.  Together, we were able to effectively cross-examine witnesses, including alleged victims, police officers, and expert witnesses such as DNA and Fingerprint Analysts, to show the weaknesses in the State’s case.

The Outcome:  After deliberation, the jury returned a verdict of NOT GUILTY on one count of Burglary While in Possession of a Firearm and one count of Robbery with Use of a Deadly Weapon.  The jury was unable to reach a unanimous decision on the remaining five counts.  Mr. Matsuda’s and my careful preparation, cross-examination, and argument allowed our client not to be found guilty on any of the seven Category A and B felony counts in this case.

Not Guilty Jury Verdict

 

Note: The State has announced its intent to retry the five counts for which the jury was unable to reach a verdict, and a new trial date has been set as to those counts.  Because those counts are still open, I have not included detailed information regarding those portions of the case.  Because the jury found our client NOT GUILTY on two of the counts, the State cannot retry the client as to those counts.

 

Disclaimer: My involvement with this case was not as the lead attorney; however, I served as second-chair at trial, including by assisting the lead attorney in preparing the case for trial, discussing the case with the client.