Client Case Stories
CLIENT CHARGED WITH O.V.I./D.U.I. AND CAUSING AN ACCIDENT
Male client was charged with O.V.I./D.U.I. after attending a wedding reception. Client left reception around 11:00 p.m. to retrieve his car in the parking lot during a rain storm so that the finely dressed women in his group would not have to walk in the rain to get into the car. Client did a U-turn in the street in front of the reception hall so that he could pull up to the doorway. Unfortunately the rain also caused a heavy fog. A minivan traveling in the opposite direction in the fog did not see him and broadsided client’s car at 35 mph. Both vehicles were demolished, but only minor injuries. Client was a teetotaler and only had a half-glass of wine during a toast to the Bride and Groom; no other alcohol. Officer on the scene assumed client was intoxicated based upon client’s delayed responses, unsteadiness, holding onto car, etc. Especially important to the officer was the client’s voice, which the officer testified was clearly that of a drunken person. Client was treated poorly by police during booking process that was captured on security video with sound, and was not permitted to use a phone on the counter to call a lawyer. Client denied being intoxicated and drinking anything other than the small amount of wine during the toast. There was not breath test administered. A jury trial was held and the officer admitted that every one of the physical conditions he observed in the client could also be equally caused by a 35 mph broadside crash, but relied on the client’s voice as his Ace card. Unfortunately, the client never had to speak at any of the prior court appearances since counsel always did all of the talking. Client took the stand in his own defense and, when he began answering questions from counsel, everyone present realized that the client had a “cartoon type voice” and that his voice ALWAYS sounded like what the officer had described because it was his normal voice. NOTE: if Warner Brothers cartoons ever needed a replacement for Mel Blanc, the client could have filled the position with ease. The jury returned a verdict of “Not Guilty” and after being dismissed, confronted the officer’s Captain and let him know that as citizens of that city they were very upset at the way the client was treated by the officer following a car crash in their city.
CLIENT CHARGED WITH FELONIOUS ASSAULT AND KIDNAPPING
Female client was indicted for Felonious Assault and Kidnapping of an intruder onto her property. State claimed she beat him with a weapon and locked him in her garage. Client said a naked man showed up in her garage acting crazy and threatening her. Trial to a jury and post-trial motion resulted in findings of “Not Guilty”;
CLIENT CHARGED WITH MULTIPLE COUNTS OF AGGRAVATED ROBBERY, FELONIOUS ASSAULT, KIDNAPPING, SEXUAL ASSAULT, WEAPONS OFFENSES AND GUN SPECIFICATIONS
Male client was charged with robbing two people with a gun, forcing them behind a building and onto the ground, striking one with a gun, threatening to hurt them, and sexually assaulting the female. Client denied all allegations and any participation in the incident. Bench Trial resulted in “Not Guilty” of all charges;
CLIENT CHARGED WITH RAPE AND OTHER OFFENSES
Male client was charged with raping his live-in girlfriend during a break-up. Girlfriend made allegations after client found text message on her cell phone setting up an encounter with an employee of his with whom she was having an affair. Client denied all charges and claimed the girlfriend made up the story after being confronted about the affair. Jury Trial resulted in “Not Guilty” of all charges.
CLIENT INDICTED ON MULTIPLE FELONY COUNTS OF ASSAULT AND CHILD ENDANGERING
Male client (Father) was charged as a result of disciplining his young son with a belt for disobeying Father’s instructions to clean his room. State of Ohio alleged he used excessive force and a weapon (the belt) causing redness and welts. Client maintained he properly disciplined his child using lawfully permissible and Constitutionally protected method under the circumstances. Bench Trial resulting in “Not Guilty” of felony charges and a single conviction of a first-degree Misdemeanor Assault. Client received probation.
CLIENT INDICTED ON COUNTS OF PATIENT ABUSE OR NEGLECT
Female client was a patient care assistant in a residential facility that permanently housed disabled adults. Client’s duties included daytime care, supervision, and control of residents, including during off premises trips to a local park. Client was accused of “beating” one of her residents and leaving marks on her arm. Client denied all allegations of abuse and stated that this particular resident sometimes became physically out of control and light physical restraint was sometimes required to keep resident from harming herself, the client, and other residents. Client only used her hands to hold onto resident during an episode and denied any other physical force or assaultive actions. Jury trial resulted in “Not Guilty” of all charges.
CLIENT CHARGED WITH SIXTY-SIX (66) COUNTS OF FORGERY, UTTERING, THEFT IN OFFICE, FALSIFICATION AND OTHER OFFENSES
Male client was charged with other defendants with sixty-six (66) theft related counts that occurred over a lengthy period of time and as part of his employment. Client denied any intentional wrongdoing and claimed his actions were approved by his supervisor even though outside of technical rule requirements. Supervisor claimed he had no idea subordinates were not following the rules. Jury trial commenced and the State changed its position by offering a plea deal that did not include jail time. Client opted for the plea since he already lost his job and did not wish to risk jail time. Plea bargain was to a few of the charges and client received probation with house arrest, and some restitution.
CLIENT CHARGED WITH RAPE AND OTHER OFFENSES
Male client was the basketball coach of a teenage girls’ basketball league in a local City recreation center. A girl alleged that, over time, the client had sexually assaulted her in the recreation center. The client denied all the allegations and insisted that the story was fabricated out of revenge and was being pushed by the girl’s adult female lover who was also a local police officer and did not like the client/coach. Jury trial resulted in “Not Guilty” of all charges.
CLIENT INDICTED ON MULTIPLE FELONY COUNTS OF THEFT IN OFFICE, THEFT, FORGERY, UTTERING AND TAMPERING WITH RECORDS
Male client was employed by a County transportation agency and in charge of inventory. The agency uncovered a theft scheme being perpetrated by a supplier and the supplier was arrested. The supplier turned State’s Witness claiming that the client was involved and was the “mastermind” of the scheme. The client was terminated from his employment and indicted. The client denied all allegations and the supplier testified against him for the State. Cross-examination at a Bench Trial revealed that the supplier was incurably ill and in need of large amounts of money, was afraid he would die in prison soon due to his illness and wanted to stay home and was caught up in a changing story of how the client allegedly participated in the scheme. While rendering his “Not Guilty” verdict on all of the charges, the Trial Judge exclaimed that he “would not believe the State’s witness as far as I can throw him, and I couldn’t throw him very far”.
CLIENT CHARGED WITH ATTEMPTED MURDER AND ENDANGERING CHILDREN
Female client was indicted on charges of attempted murder and endangering children after she shot a young teen in the ankle with her gun outside of a small neighborhood store. The client had a long history of mental illness issues and was a common target for teasing and bullying by local youth in the neighborhood. When she exited the store after shopping and was walking home, the youth began to accost her, and she fired her gun into the sidewalk to scare him off. The bullet ricocheted into his ankle. The State initially portrayed the case as an and dangerous assault with a deadly weapon in the face of a minor incident. Through a vigorous pretrial defense, it was established that the client’s claims of bullying and targeting by neighborhood youth were true and known to the police without any action by the police or city to protect her. Her mental health history was also fully developed for the State and the Court, resulting in a reduced plea bargain deal with a minimum prison sentence.
CLIENT INDICTED ON MULTIPLE FELONY COUNTS OF FELONIOUS ASSAULT, KIDNAPPING, AND CHILD ENDANGERING
Male client (a kind married man from the inner-city) was also a lay-Bishop in a neighborhood church. He and his wife had befriended a woman from the neighborhood who had two young boys whose Father had abandoned them. The client stated that the boys’ Mother had told him that he could “spank” the boys if they ever mis-behaved. The client and his wife would have the boys over for breakfast on Sunday mornings and then take them to Church where the client would sit behind the Pastor during the service. The client also helped other young boys in the neighborhood with similar circumstances and had built an outdoor basketball court in his backyard for them to play on because the city provided no such place for them in the neighborhood. One day while seated in church the youngest of the brothers (nine (9) years old) stole a $5.00 bill out of another lady’s purse during the service and was caught by the client’s wife. After the service the client scolded the boy and lightly “tapped him” on the buttocks a few times with a 12-inch aluminum ruler, after making him return the $5.00 and apologizing to the lady. Later that night and the next morning the boy’s Mother she discovered blood in the boy’s urine when he used the toilet, and she called the police. Eventually, a local hospital and surgeon removed one of his kidneys and blamed the client. The boy had told a concocted story to his Mother and the police of being severely beaten by a metal pipe while forced to straddle on his stomach between two chairs. The boy’s Mother also denied that she had ever given the Pastor permission to “spank” her boys if they mis-behaved. The client denied all parts of the boy’s concocted story and the case was tried to a jury. Expert medical testimony a Pediatric Urologist evidenced that the boy actually suffered from a genetic kidney disease that was the cause of the bleeding, and that a panel of medical experts had reviewed and critiqued the original surgeon’s care during an annual state-wide medical symposium. The conclusion of the expert panel was that nothing alleged against the client had anything to do with the kidney bleeding that the kidney did not need to be removed because the genetic disease was treatable with medication. During a very calm and careful cross-examination by the defense counsel, the boy admitted that he had made up the story because he was made at the Pastor for embarrassing him in front of the lady whose money he stole. During a more rigorous cross-examination of the Mother, she broke down crying on the witness stand telling the jury “I can’t do this anymore, yes I did tell him he could spank my boys”. The jury returned a verdict of “Not Guilty” of all charges.
CLIENT CHARGED WITH ATTEMPTED MURDER AND ENDANGERING CHILDREN
Female client was indicted on charges of attempted murder and endangering children after she attacked her teenage daughter and younger son during a serious psychotic and alcohol fueled mental breakdown with hallucinations. Both children survived. Client’s memory of the incident was limited due to the psychic nature of the incident. A plea of Not Guilty by Reason of Insanity was eventually filed and several evaluations were performed. Client was highly remorseful and very upset with what had occurred after she was treated and evaluated by two different psychiatrists for her mental illness issues. Client was stabilized by the time the final court hearings occurred. After significant plea negotiations, as well as structured plans for future living arrangements and reunification with her children, a plea was agreed to between the Client, her Counsel and the Prosecutor’s Office. The agreement was presented to the Judge and after entering into the plea, and following a lengthy Sentencing Hearing, the client was sentenced to only three (3) years. The client served one year in prison and was then released on Early Judicial Release with significant restrictions, including being required to live with a Guardian for a period of time. Eventually, after progressing very well with her mental health care, the client was relieved of the having to live with the Guardian and was reunited with her children.
CLIENT CHARGED WITH RAPE AND AGGRAVATED BURGLARY
Male client was indicted for Rape and Aggravated Burglary following a night of heavy drinking with other inhabitants of a three-family home. Following the party, which ended well after midnight, the client engaged in consensual sexual relations with another inhabitant who was not his wife. The next day the woman made a false claim that she she had been raped. The client vehemently denied all allegations and defended that the sex was fully consensual. Many facts brough out during a jury trial did not make sense or match a scenario of rape and aggravated burglary. Many of the participants of the party also testified, as did the client in his own defense despite his constitutional right not to take the stand. The jury returned a verdict of “Not Guilty” on all charges.