Neil Rockind – Dismissal at Exam of ALL charges in a Felony Larceny from a Building case in New Baltimore, MI!

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

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One response to “Neil Rockind – Dismissal at Exam of ALL charges in a Felony Larceny from a Building case in New Baltimore, MI!

  1. It was actually better than that . . . when I stood to cross the complainant, I referred to him as “Mr. K.” He corrected me and said, “Excuse me, its Dr. K.” I smiled and said, “are you a doctor of osteopathy?” No. “are you a doctor of medicine, i.e., an M.D.?” No. “Are you a psychologist?” No. “You are not a female, are you?” No. So. “Mister” is the appropriate designation?” I’m a veterinarian! “You mean, you are an animal doctor?” Yes and I’ve earned that title.

    At that moment, I knew he was mine. He had lost the battle of wits, intelligence and tact. More concerned was he with the pettiness of his title and status in the community than the truth. I knew, it was only a matter of time before I broke him . . . and I was right.

    An hour or so later, I pressed him on the fraud that I believed he had engaged in to get money from his insurance company. The judge saw it, stands up and said, “I want to see counsel, the prosecutor and the detective in my chambers.” He was taking someone to the woodshed and it wasn’t us.

    Sometimes regular folk, like me/us get taken advantage of by the powerful elite, e.g., doctors, etc. This was not one of those times. Not on my watch.

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