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Case Results

  • No Charges Filed/Case Dismissed Rape and Sexual Battery

    State of Indiana, Hamilton County

    Case History: Our client and a long-time acquaintance made arrangements to hang out one evening.  The acquaintance invited our client to dinner and to stay the night.  The two enjoyed an evening out on the town, visiting various establishments and enjoying each other’s company.  As the evening was coming to an end, the pair returned to the acquaintance’s apartment. At some point, the two mutually decided to engage in sexual foreplay.  As the sexual interaction progressed, our client continually asked the acquaintance if each stage/act was okay.  Each time our client waited for a verbal affirmation before proceeding.  Prior to full sexual intercourse, our client again asked if it was okay to proceed.  At that point the acquaintance replied with “this is probably not a good idea, and I do not know if I am comfortable with continuing.”  Our client stopped immediately, and no further sexual interaction occurred.  At that point, both parties went to sleep for the evening.  The next morning our client awoke to the police pounding on the door and requesting our client leave the apartment.  Our client complied without incident.   

    Our Defense:  Almost one year after the interaction, police contacted our client out of the blue regarding a report of rape and sexual battery.  Our client was completely shocked and contacted us immediately before speaking with the authorities.  We discovered the accuser was now alleging rape and sexual battery.  We spoke with the lead detective on our client’s behalf and could not believe the amount of inconsistencies with the accuser’s story.  We were able to recover our client’s old Snap Chat messages and text communications, which exposed the accuser’s deceit.  We also provided a statement from our client refuting the allegations.  After extensive discussions with the State of Indiana presenting our client’s side of the story, we were able to exonerate our client from any wrongdoing.  The State declined to proceed with any sort of prosecution and the criminal investigation was closed without charges ever being filed.       

  • Case Dismissed Assault and E.P.O

    Case History: Our client shared a child in common with another person. For years, they were able to amicably share custody of their child and work out a schedule regarding shared parenting time. The two agreed to be flexible with each other’s schedules, until our client’s ex abruptly insisted on keeping the child longer than the previously agreed upon schedule. Our client objected to the additional days, and the ex’s new spouse interfered. This ultimately resulted in our client being physically assaulted. Our client called the police to report the assault, only to discover the ex went directly to the police department at the same time to file for a protective order. The ex and the new spouse manipulated the facts and alleged our client was the aggressor.

    Our Defense: After the initial meeting with our client, it was clear the allegations were completely false and our client did not do the things that were alleged. We were able to obtain police reports, 911 calls, and locate a witness to the assault. Using that information, along with the information we gathered from our own independent investigation into the accusers, we were able to fully prepare for the hearing in order to advocate on our client’s behalf. The evidence we were able to obtain clearly showed our client was the victim of not only an assault, but also to the filing of a false police report in an attempt by the ex to obtain custody of their child. At the hearing, we were able to argue our position, without even having to put our client on the witness stand. The Judge agreed with our position and dismissed the case against our client.

  • No Charges Filed Child Pornography

    Case History: Our client was accused of posting child pornography on a social media website where photos are mainly published. The police were given this information from an unknown third party. The police went to our client’s home but our client was not home. The police left a business card for our client to contact them immediately. Our client contacted us for advice.

    Our Defense: As soon as our office got involved in the case, we contacted the police agency and informed them to cease contact with our client. The police contacted us about speaking with our client. We declined the request. We informed the police there was no evidence linking our client to child pornography other than an allegation. We obtained information from the social media website and informed the police of the short comings of using information from the internet to identify a person. Upon investigation of our client’s situation, we found our client had an unsecure internet network. Basically, anyone of his neighbors could get on a website, which would be linked to our client’s IP address, and post items which could be attributable to our client. The Commonwealth’s case was destroyed before it could begin. The police stopped their investigation before even attempting to gain a search or arrest warrant.

  • Not Guilty Rape

    Case History: Our client was in a non-exclusive romantic relationship for several years. In early 2016, the significant other’s best friend initiated sexual conversations with our client. This escalated into sending nude pictures and increased sexually charged conversations. Shortly thereafter, our client along with the significant other, the significant other’s best friend, and a friend of our client were hanging out and drinking at the friend’s residence. While the significant other was asleep in another room, our client and the significant other’s best friend began having sex in the bedroom, while our client’s friend began recording the sexual act on a cell phone. The significant other heard the sexual encounter, barged into the bedroom, became visibly upset at the situation and punched both parties in the face. Once this occurred, the significant other’s best friend accused our client of rape in order to salvage the relationship with the best friend.

    Our Defense: The State of Ohio charged our client with two counts of rape; one by force and one alleging the accuser was too intoxicated to consent to the sex act. We knew if our client was convicted of either count, it would completely destroy our client’s life and our client would likely spend decades in prison, so we immediately began investigating the background of the accuser as well as all parties present during the interaction. In addition, we filed numerous motions on our client’s behalf in order to eliminate all irrelevant and prejudicial evidence. The case progressed to trial in early 2018 where we exhibited evidence the accuser had sex with our client’s friend a few minutes prior to engaging in sexual intercourse with our client. Further, the accuser stated the sexual act with the friend was consensual, thereby negating the charge of being too intoxicated to consent. We also pointed to the video, which clearly showed a non-forcible sex act, where the accuser is heard moaning. During our cross examination of the accuser, we elicited numerous inconsistencies in the accuser’s story and we were able to attack the accuser’s credibility. After a five-day trial, the jury deliberated for approximately ten hours and could not reach a verdict. The Judge declared a mistrial.

    The State of Ohio elected to bring the case again. We basically started the case over from the beginning and had to re-wind everything. Therefore, we again filed numerous motions on our client’s behalf as well as advocated on our client’s behalf at every step of the process. In addition, we investigated the backgrounds of all witnesses and performed our own independent research with the use of experts for each evidentiary item anticipated to be utilized at trial. The second rape trial was set to commence at the end of the summer 2018. Our firm tenaciously defended our client during the re-trial and focused on the video, which we were able to enhance with the use of an expert for better sound quality. Also, we again vigorously cross examined all witness, including the accuser to point out the accuser’s inconsistencies and lack of credibility. After a four-day trial and several hours of deliberating, the jury found our client not guilty.

  • Case Dismissed; No Criminal Charges Filed Child Sexual Abuse and Domestic Violence

    Case History: Our client played an active role in the lives of our client’s children and grandchildren. Our client was even responsible for providing transportation in order for the grandchildren to visit with their parents. Our client was a proud grandparent and being a grandparent was a very important part of our client’s life. One day, after a disagreement occurred between the parents of one of our client’s grandchildren, our client was accused of sexually abusing one of the grandchildren. Our client was in complete disbelief and heartbroken over the allegations. Our client knew the allegations were completely false and were instead the product of one of the parents attempting to gain an upper hand in an ongoing custody battle. The parent of the child requested an emergency protective order/domestic violence order based on the allegations to prevent our client from having any access to the child. Not only was our client threatened with the possibility of criminal charges, but our client was also forced to defend against the allegations in a family court emergency protective/domestic violence hearing.

    Our Defense: We immediately began building a wall of protection around our client. Once we notified all agencies of our involvement and cut-off access to our client, we began researching the background of the parent who made the allegations on behalf of the minor child and filed the protective order against our client. We soon discovered the parent was very familiar with the court system. In fact, on several past occasions, the parent made similar allegations on behalf of other children and filed the same paperwork in multiple jurisdictions against other alleged perpetrators. It appeared the parent knew exactly how to manipulate the system. We further discovered the allegations arose immediately after the parent did not get what the parent requested in the custody case. In addition, there was a major procedural problem with jurisdiction. The court in which the parent filed in did not have authority to preside over the matter. The court could not exert jurisdiction over our client and we refused to concede jurisdiction because the case was filed in the wrong forum. When the matter came for hearing, we argued to the judge that our client must be dismissed from the case because the court lacked jurisdiction. We further pointed out that the parent was far more experienced in these matters than portrayed. We presented the multiple filings from other jurisdictions as well as the coincidences with the custody case. Finally, our client’s position never changed. Our client maintained the fact that the allegations were completely false and nothing improper ever occurred. On the other hand, the parent/accuser’s story changed numerous times. Basically, each time we successfully disputed one of the facts, the parent would then change the story. Based upon the numerous inconsistencies, the accuser’s complete lack of credibility, and the procedural defect with jurisdiction, the judge had no choice but to agree with our assertions and dismiss the case. Not only was the domestic violence/protective order dismissed, but our client was not arrested or criminally charged.

  • No Charges Filed; No Arrest Rape
    Case History: Our client met a person through an online dating site. The two began a relationship, however, after a short period of time the relationship was not working out. One evening, when the two were at our client’s home, our client told the accuser the relationship was over and could not continue any further as they were not compatible. When our client requested the accuser leave our client’s home so they could go their separate ways, the accuser called the police and alleged forcible rape by our client. Our Defense: Our client was an upstanding member of the community and such an allegation would destroy both our client’s employment and personal life. We knew we had to clear our client’s name immediately, so we began looking into the background of the accuser. We quickly discovered the accuser has a history of making false allegations. In addition, the accuser worked in the adult film industry prior to meeting our client and was attempting to extort our client for money in order to quit such industry and gain financial stability. Further, we discovered several inconsistencies in the accuser’s story, which we were able to prove via text messages, voicemails, and emails. The accuser’s actions were completely inconsistent with that of someone claiming to be a “victim” of a horrendous sexual act. When we presented our findings to the detective investigating the case, the detective had no choice but to close the investigation without filing any criminal charges and clear our client’s name.
  • No Charges Filed Gross Sexual Imposition

    Case History: Our client was living with his girlfriend and his girlfriend's teenage daughter. The teenager made an allegation that she was molested by our client. Our client not only disputed the allegation but he did not take the allegation seriously. Child protective services demanded the mother bring the child to them immediately to be "forensically interviewed". Our client drove the mother and the teenager to the scheduled interview thinking this matter would be quickly terminated and he would be vindicated. He accompanied his girlfriend and the teenager to the office. Child protective services demanded he leave the premises. He complied, again thinking he would be vindicated. While waiting in his car he began surfing the internet about false allegations. He found our web site and contacted us, mainly out of curiosity as he did not take the allegations seriously. We explained the serious nature of the allegations even if completely untrue. We described for him in great detail all the things that were about to occur. He listened to what we said and told us he would contact us if he needed anything further. Over the next 48 hours his life turned upside down and everything we predicted would happen did happen. Our client called us back and retained our firm.

    Our Defense: As about two days lapsed from the time he initially contacted us to when we were retained, our client was already removed from his own home. We informed him that our priority was to prevent any criminal charges from arising. If he was charged criminally, life as he knew it would cease to exist. He was scheduled to give statements to police detectives and child protective services. When we were retained, we cancelled both appointments for our client. The police searched his home and took various items which they considered evidence. The police and child protective services refused to give us or our client any details regarding the allegation. We, in turn, refused to provide them with any information as they were withholding even the basics of the allegation. The situation stagnated as no incriminating evidence was found. This stalemate was in our client's favor as they had no evidence to support the allegation. Our client was able to move back into his home and secure his possessions again. No criminal charges were filed against our client.

  • Investigation Terminated, No Arrest of Client Rape, Gross Sexual Abuse

    Case History: Our client was accused of having sex with his 16 year old daughter. This sexual abuse was supposed to have occurred since the child was 6 years old. This allegation arose in Kentucky based upon actions that supposedly happened in Warren County, Ohio.

    Our Defense: Our client denied any such act or acts ever occurred. When the police investigated, we requested they look at other evidence first before turning to our client. Specifically, our client had another daughter who was two years younger than the accuser. This daughter stated her father was never improper with her and was a loving father (who she missed because she was separated from her father because of these allegations). She also said she never witnessed anything improper between her father and sister. Our client's wife also had two children about the same age who also denied anything improper between themselves and our client. They also denied ever seeing anything improper. We also gave the police this child's mental health history, criminal history and educational history. Those histories showed a child who has engaged in delinquent behaviors in the past and lacks credibility. The police refused to press charges or continue any further investigation of our client.

  • Client arrested but Failure to Indict Rape, Gross Sexual Imposition

    Case History: Our client was at a friend's house when a female friend of the homeowner came over to visit. The three of them had dinner while at the home. After dinner, our client and the female began drinking alcohol. The homeowner had another engagement so our client and the female left. The female accuser said our client offered her a ride to ensure she got home safely. She alleged they both went into her apartment, but she was heavily intoxicated to the point her ability to physically resist was substantially impaired. She claimed our client came into her bedroom and forced himself upon her after she repeatedly refused. Our client was arrested and charged with rape. His friend, the homeowner, immediately contacted us to retain our services.

    Our Defense: As our client was already arrested, our initial focus was to beat the case at the preliminary hearing or grand jury. Our office requested the homeowner gather the whiskey bottle our client and the accuser were drinking from. The homeowner marked how full the bottle was when the drinking began (it was nearly full). Our client and the accuser drank almost ¾ of a bottle of whiskey. The homeowner also informed us that the accuser was flirtatious with our client and it seemed they wanted to continue getting to know each other that evening. When the homeowner, our client and the accuser were leaving, a neighbor came outside and started talking with them. The neighbor did not know our client or the accuser, but the neighbor believed they were in a relationship based on their actions. The neighbor also informed us the accuser happily got into our client's car. All this information was given to the State of Ohio. Our legal defense strategy was one of consent. All information our office gathered showed consensual conduct of the accuser. The State of Ohio failed to indict our client and the matter was concluded.

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