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.
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.