For the past few months we have been representing B.K. who was charged with Larceny from a Building in New Baltimore, MI.
B.K. was accused (by his own father) of taking, without permission, several pieces of equipment from the family-owned veterinary clinic.
Our client maintained his innocence from the beginning. Nevertheless, the New Baltimore Police Department and the Macomb County Prosecutor’s Office did the absolute minimal investigation and charged B.K., even though there was no evidence that B.K. had taken a single thing.
After several months of adjournments, all requested by the Prosecutor’s Office, Neil Rockind finally held the preliminary examination this morning. Half-way through Neil’s cross-examination of the father (the person who was accusing B.K.), the Judge requested to see both the Prosecutor and Defense Counsel in chambers.
The Judge was astonished that there was absolutely no evidence that B.K. had actually taken a single piece of equipment, and yet the father was claiming a loss of nearly $300,000.00! The Judge concluded that due to a complete lack of evidence of theft, that the charges were to be immediately dismissed!
These are the outcomes that we strive for in every single case. All-too-often Prosecutor’s offices just push ahead on cases, even though they have no evidence that the crime actually occurred. And all-too-often the Judges simply bind the defendants over to the Circuit Court in order to clear the cases off of their own docket. It is very reassuring when a District Court Judge can look at a Prosecutor’s case and say to himself and the community, “There is no evidence…I cannot let this case proceed.”
We wish you the best of luck in the future B.K.
– Colin A. Daniels