ACQUITTAL OF CLIENT CHARGED IN DRUG CONSPIRACY IN U.S. DISTRICT COURT.
The client was charged with conspiracy to distribute cocaine and cocaine distribution, and was facing a 10-year mandatory minimum sentence. The government’s cooperating witness testified at trial to our client’s participation, some of which was audiotaped and video-recorded. The theory of defense was that the client was romantically interested in the government witness and wished to protect her by accompanying her when she was procuring drugs from the codefendant. The client testified and was acquitted of all charges.
ACQUITTAL OF CLIENT CHARGED WITH BEING A FELON IN POSSESSION OF A FIREARM IN U.S. DISTRICT COURT.
The client was facing a 15-year mandatory minimum sentence. The defense was that the client’s cousin possessed and discharged the firearm and that the police mistakenly identified the client as the man with the gun. The client’s cousin testified that the gun was indeed his and not the client’s. The client also testified and was acquitted after a jury trial.
ACQUITTAL AND DISMISSAL OF FEDERAL SECURITIES FRAUD/REVENUE RECOGNITION CHARGES.
Our client, the former Chief Operating Officer of a major international technology company, was charged with violations of federal securities laws for revenue recognition fraud. After a four-week trial, the jury acquitted our client on one count and hung on the other counts. We ultimately prevented the re-prosecution of our client by obtaining dismissal of the remaining counts on double jeopardy grounds.
ACQUITTAL IN STABBING CASE IN SUFFOLK SUPERIOR COURT.
Our client was arrested and charged shortly after the victim of a stabbing was found bleeding and near death on a street in Dorchester. Witnesses identified our client as having been involved in an altercation with the victim, and a bloody knife was found in our client’s possession. Despite these facts, we were able to demonstrate through cross-examination and DNA and blood pattern evidence that our client was innocent, and that an uncharged third person involved in the fight was the likely culprit. After a ten-day trial, our client was acquitted.
ACQUITTAL IN AGGRAVATED RAPE CASE IN STATE SUPERIOR COURT.
Our client, charged with aggravated rape and witness intimidation, was facing a 10-year mandatory minimum sentence. The theory of defense was that the entire incident was fabricated by a sibling who sought to have the client expelled from the family home. After a jury trial, the client was acquitted and the witness intimidation charge was dropped.
ACQUITTAL IN DUDLEY ROBBERY CASE.
Our client was arrested and charged with robbery after he walked into a convenience store, and the clerk identified him as the perpetrator of a prior robbery. Although the clerk was convinced that our client was the perpetrator, we used surveillance footage from the robbery and computer-generated three-dimensional modeling to demonstrate that our client was, in fact, at least four inches taller than the perpetrator. Our client was acquitted after a jury trial.
ACQUITTAL ON CHARGES OF ARMED ASSAULT TO MURDER IN STATE SUPERIOR COURT.
Our client was one of two people charged in a serious stabbing that occurred during a fracas that erupted at an outdoor gathering in Gardner, Massachusetts. Although several witnesses familiar with our client identified him at trial as the stabber, we were able to demonstrate several inconsistencies and weaknesses in their accounts, and our client was acquitted of all charges, except for a single simple assault-and-battery charge.
ACQUITTAL IN ROBBERY CASE IN STATE SUPERIOR COURT.
Our client was arrested and charged with an armed robbery that occurred at a convenience store one week earlier. Through cross-examination of the complaining witness, we were able to demonstrate that her identification of our client was unreliable, and the jury acquitted our client of all charges.
ACQUITTAL OF ASSAULT TO RAPE AND OTHER CHARGES IN STATE SUPERIOR COURT.
Our client was accused of assault to rape and multiple other counts, but after trial was convicted of a single count of indecent assault and battery.
ACQUITTAL OF ARMED ASSAULT TO RAPE CHARGE.
Our client was identified, arrested, and charged several weeks after a woman was assaulted at knife point late at night in downtown Boston and forced to drive to an isolated location. At trial, our cross-examination showed that the police identification procedures were deeply flawed and likely led to a misidentification. We also presented testimony from a credible source corroborating our client’s alibi. A jury acquitted our client of all charges.
ACQUITTAL OF ARMED ROBBERY CHARGE.
Our client was a young man accused of a robbery at knife point. Our investigation and cross-examination of the complainant showed that he and his friends initiated the altercation and that the robbery claim was likely fabricated. Our client was acquitted of all charges.
ACQUITTAL OF FIRST-DEGREE MURDER.
Our client was charged with first-degree murder in the stabbing death of a college football player. After our client’s conviction was reversed by the Supreme Judicial Court because the prosecutor had unlawfully exercised peremptory challenges in a manner that excluded multiple trial jurors from serving on the basis of their race, a GSCF lawyer obtained our client’s acquittal after a months’ long re-trial.
FEDERAL PROSECUTION OF CLIENT PREVENTED IN TED WILLIAMS TUNNEL COLLAPSE INVESTIGATION.
Our client, an employee of a company that provided adhesive components used to build the ceiling of the Ted Williams Tunnel, was one of the subjects of a federal investigation into the ceiling collapse that killed a woman. After more than a year of investigation and advocacy, we presented evidence showing that the contractor for the tunnel had known about improper installation of the ceiling panels and testing that showed that the anchors had not been installed properly. The government declined to prosecute our client.
RAPE CHARGES AVOIDED AFTER INVESTIGATION REVEALED COMPLAINANT FABRICATED CHARGES.
Our college-student client engaged in consensual sex with another student who later accused our client of forcible rape. Our investigation, which involved interviewing more than a dozen witnesses and the gathering of other evidence, showed that our client was innocent and that the allegations and charges against our client had been fabricated by the accuser. Advocacy with the district attorney’s office and with the college resulted in the dismissal of charges against our client and our client’s good standing at school was restored.
KIDNAPPING CHARGES DROPPED AFTER INVESTIGATION SHOWED KEY WITNESS MADE FALSE ACCUSATIONS.
Our client was indicted for kidnapping, threatening, and intimidating a witness based on allegations made by a man with whom his wife was having an affair. Our client vehemently denied the allegations. We engaged in substantial pre-trial investigation and litigation of various evidentiary issues that showed the prosecutor that the Commonwealth’s witness had lied to the authorities because he was in love with our client’s wife and wanted him out of the way. The District Attorney’s Office dismissed the charges three days before trial was scheduled to begin.
MOTOR VEHICLE HOMICIDE CHARGES PREVENTED.
Our client, a college student, was investigated by the State Police for motor vehicle homicide after his car hit a pedestrian on a dark and rainy night. The State Police falsely asserted that our client’s defroster in his car was not working at the time of the accident. Our investigation revealed that the defroster in the car was working that night, and that the pedestrian had run out into the street between two parked cars such that our client could not have seen him in time to avoid hitting him. We presented our evidence to the District Attorney’s Office, which agreed that no charges should be filed.
MOTOR VEHICLE HOMICIDE CHARGES DROPPED AFTER DEMONSTRATION THAT THE POLICE FABRICATED ITS ACCIDENT RECONSTRUCTION.
Our client was charged with motor vehicle homicide for the death of a passenger in another car that made a left-hand turn in front of him and crashed into his car. The District Attorney’s office contended that our client had been driving recklessly and over the speed limit, based on a crush damage analysis performed by the State Police. With the assistance of an accident reconstruction expert, our investigation showed that the amount of crush damage was consistent with our client having operated his car below the speed limit and that the car in which the decedent was driving had unexpectedly turned in front of him. Our deposition of the State Police investigator and our presentation of the new evidence persuaded the District Attorney’s office to drop the charges.
CHARGES OF MAIMING AND DISFIGUREMENT PREVENTED.
Our client was accused of having been a participant in a barroom fight in which another patron suffered severe facial injuries from a broken glass mug. We investigated the case and found witnesses who corroborated our client’s account that he was not the party who caused the injuries. Based on our advocacy with co-counsel, the Clerk-Magistrate declined to issue charges against our client.
DISMISSAL OF CRIMINAL HARASSMENT CHARGES IN SALEM DISTRICT COURT.
Our client was charged with criminal harassment for sending a series of electronic tweets critical of the complaining witnesses, as well as of city officials and law enforcement. We were able to put an early end to the prosecution by filing and litigating a motion to dismiss on grounds that the charges violated the client’s First Amendment rights and failed to meet the statutory definition of harassment. The court ultimately dismissed all charges.
INDECENT ASSAULT AND BATTERY PROSECUTION AVERTED.
Our client was charged with indecent assault and battery in District Court. We successfully moved to dismiss the complaint and to remand the case for a hearing before the clerk-magistrate to determine whether a complaint should issue. After a hearing, the clerk declined to reissue a new criminal complaint, holding the matter in abeyance for one year.
CRIMINAL CHARGES AVOIDED AT CLERK-MAGISTRATE HEARINGS.
We routinely represent clients facing possible criminal charges at probable cause hearings before clerk-magistrates. In a number of cases — including cases where a client got into a fight with a rental car company employee at the airport; a client who sent allegedly threatening texts to her ex-boyfriend; a juvenile client who possessed drugs; as well as cases involving charges of assault and battery, indecent assault and battery, possession of ammunition, maiming and disfigurement, negligent operation of watercraft, and criminal motor vehicle offenses — we have persuaded clerk-magistrates not to issue criminal charges.
RESTRAINING ORDERS DENIED OR VACATED.
We have persuaded the courts not to issue restraining orders in many situations, including where our client’s ex-boyfriend kicked her out of her own apartment and then moved for a restraining order against her when she returned for her belongings, and in another case, after extensive litigation, a woman who had wrongly accused our client of abuse, terminated her falsely-obtained restraining order.