Not Guilty Verdict in Attempted Rape Case
This case was tried in downtown Los Angeles during an approximately week long trial. My client, because of his criminal record, was facing approximately 20 years in prison.
The alleged victim was connected to one of his family members and had an incentive to get my client in trouble because of some issues she had with him not related to any criminal activity on my client's part.
It was always my perception that she was angry with my client and therefore called the police and embellished a story against him that spun out of control and caused him to be charged with the serious crime of attempted rape.
The judge in the case, in my opinion, was not fair towards my client during the trial because of the subject matter of the case and all of the rulings on evidence seemed to go against my client and for the prosecution.
He even went as far as to bar my client from mentioning the reason he got involved in an argument in the first place. Then when my client was on the witness stand the prosecutor directly asked him why he had an issue with her and the judge refused to let him answer the question.
However, not matter how unfair the judge was, ultimately it was up to a jury of my client's peers to determine whether he was guilty or not guilty of the subject crime.
In other words, the prosecution's case rose or fell based on the testimony of their alleged victim and whether their case made sense and they proved each element of attempted rape beyond a reasonable doubt.
In the end, the jury simply did not find that the Los Angeles County District Attorney's Office proved the very serious charge of attempted rape beyond a reasonable doubt.
There main witness lacked credibility and frankly, her story did not make complete sense. It was one of the few cases that I have called my client to the witness stand to tell his version of events and explain why he did what he did and also give some incite as to why the alleged victim might make up such serious charges against him.
His testimony made sense and the jury believed his version of events over the alleged victim in the case.
This was definitely a case where I firmly believe that my client was innocent of the charges and I made sure that we pulled out all of the stops to properly defend him and I feel strongly that I gave one of the strongest closing arguments of my career.
The judge did everything within his power to try and sway the jury against the defense, but in the end the evidence does not lie and most juries are fair and not jaded when it comes to finding the truth and putting the prosecutors to the test when it comes down to whether they proved their case.