People are falsely accused of crimes all the time. There are a million and one reasons why someone would falsely accuse someone else of a crime: To protect themselves, to protect their family, to dispose of a problem, etc. In late February, our client came to us and told us that someone was accusing him of a crime that he did not commit and that they were doing so purely out of spite.
Our client, a man in his late 50’s, was accused by two teenage boys of attempting to run them over with his vehicle. Further, when police went to go question our client about the accusations, our client became angered and told the police to get off of his property. The police felt disrespected and proceeded to illegally arrest and taze our client several times. Ultimately, our client was charged with Resisting and Obstructing Causing Injury to a Police Office and 2 counts of Felonious Assault with a Deadly Weapon, to-wit: a vehicle.
It took a lot of motion work, and a hearing, but eventually we proved to the trial judge that the police had attempted to illegally arrest our client on his own private property, and therefore he was well within his rights to resist the arrest. Based on that, the trial judge completely dismissed the Resisting and Obstructing charge.
Subsequently we proceeded to trial on the 2 counts of Felonious Assault.
Neil was fantastic in trial. Initially, we had planned on calling 2 witnesses: our client and his daughter, to testify to the fact that our client had never tried to run anyone over with his car. However, after Neil’s cross-examination of these two teenage boys, Neil felt so confident that we would obtain a not guilty verdict, that we opted not to call a single witness!
The prosecutor called the two boys to testify to the events that had allegedly taken place. Yet, upon cross-examination, each boy’s testimony was wildly different from the other.
Based upon this cross-examination alone, the trier of fact determined that there was insufficient evidence to prove beyond a reasonable doubt that our client had done anything illegal.
Upon the conclusion of the prosecutor’s proofs, the verdict was read in open court: NOT GUILTY! These are the two best words in the English language for someone who is wrongly accused.
– Colin A. Daniels