Notable Cases
Commonwealth v. MH
Charges: Murder, DUI, Leaving the Scene of an Accident
Result: Probation
Narrative: When police claimed our client had caused a fatal head-on collision while under the influence, he was charged with DUI and murder, facing life in prison. Despite having fled an accident scene littered with opened alcohol containers, Sean secured the client’s pretrial release while he challenged the government’s evidence and enlisted the help of a renowned accident reconstructionist. On the eve of trial, we were able to negotiate probation on reduced charges, avoiding all prison time.
Commonwealth v. EP
Charges: Criminal Abuse in the First Degree; Assault in the Second Degree
Result: Acquittal on all charges after jury trial
Narrative: Our client’s nightmare began when his 4-week-old son stopped breathing in his arms. Doctors found bleeding in the baby’s brain and fractures in multiple parts of his body. After the region’s preeminent forensic pediatrician issued a devastating report that the injuries were intentionally inflicted by our client, he was charged and faced 10 years in prison. By meticulously investigating the child’s whereabouts for every day of his young life and raising substantial medical questions about whether the injuries were caused by a stroke in the womb, Sean was able to negotiate a resolution that would have eventually dismissed the charges. But our client persisted in his innocence and rejected the offer. After a taxing week-long trial, our client was acquitted on all charges and reunited with his son after nearly two years.
Commonwealth v. AD
Charges: DUI
Result: Not guilty of all charges after jury trial
Narrative: In a recent case, our client was pulled over on suspicion of DUI. Although she admitted to drinking, had an open bottle of wine in the car, and “failed” the field sobriety tests (according to the officer), she gave us enough to work with by refusing the breath test. With his client’s nursing license on the line, Sean tried the case. The jury deliberated just 10 minutes before returning a verdict of not guilty.
Commonwealth v. RB
Charges: Enhanced Trafficking in a Controlled Substance – First Degree
Result: Amended to simple drug possession; probation
Narrative: Absolutely nobody (not even us at first) believed our client, with a long history of drug trafficking, possessed a substantial quantity of narcotics for mere personal use. But after a year of litigation, many “spirited” confrontations with prosecutor and judge alike, and some teaching about the value, quantity, and business of this particular drug, Sean helped his client avoid a 20-year sentence. We are thrilled to know that our client successfully completed probation and is now five years clean and sober.
Commonwealth v. JBT
Charges: Attempted Murder, Assault in the First Degree
Result: Partial acquittal; plea to credit time served
Narrative: It was a tragedy caught on tape at a bar, as our client shot a man’s chest at close range. The two were acquaintances, and while the man lived, he would likely never walk again. Refusing to believe our client never meant to pull the trigger, the government charged him with attempted murder and assault. The trial featured a parade of eyewitnesses, as well as medical and firearms experts, all contributing to a complex narrative. After a years-long legal battle, the case culminated in a trial that amounted to a legal dissertation on the concept of intent. When the jury announced that it had acquitted the major felony charges, we accepted a plea for time served to a substantially reduced charge.
Commonwealth v. WS
Charges: Attempted Rape in the First Degree
Result: Acquittal of all charges
Narrative: Our client was charged with attempted rape in the first degree after he showed up drunk at his ex-girlfriend’s house, and things got physical. He was accused of forcing his way into the house, pinning her on the bed, and ripping off her underwear. With a substantial criminal history that denied him any benefit of the doubt, yet maintaining his innocence, he declined all offers and proceeded to trial, facing 20 years. The government presented damning testimonials, medical, and physical evidence. However, after the defense presented an alternative version of events, including evidence of intoxication and abandonment, the jury acquitted our client of all charges.
Commonwealth v. MD
Charges: Sexual Abuse in the First Degree
Result: Acquitted on all charges after a jury trial
Narrative: After a big party, friends and family members of our client returned to his home to continue the festivities. The next morning, as everyone was leaving, a young girl in attendance disclosed that our client had sexually assaulted her while everyone else slept. Denying the entire incident as a total fabrication, our client rejected all plea bargains and proceeded to trial. In his defense, we were able to clearly and carefully present evidence of the layout of the home and everyone’s whereabouts within it during the evening. When the alleged victim’s testimony on cross-examination failed to comport with the evidence presented by the defense, the jury acquitted him on all counts after a brief deliberation.
Commonwealth v. AT
Charges: Rape in the First Degree; Unlawful Transaction with a Minor in the First Degree; Sodomy in the First Degree
Result: Acquittal on all charges after a jury trial
Narrative: Our client put himself in a bad position when he began communicating with an underage girl through an online dating website. Things took a major turn for the worse when they finally met up in person. This young girl accused our client of drugging her unconscious, sexually assaulting her, and abandoning her on the side of a rural highway. Facing 45 years in prison, the client rejected all plea offers and proceeded to trial. At trial, we were able to show the jury the many inconsistencies in the alleged victim’s testimony. Critical to the jury’s determination was medical expert testimony offered by the defense, which substantially contradicted the nature of intoxication and incapacity she described. Our substantial experience in defending sex offenses also permitted the defense to undermine the testimony and evidence presented by the sexual assault nurse who had examined the alleged victim. After deliberation, the jury returned not guilty verdicts on all counts, and our client left the courtroom as a free man.
Commonwealth v. LT
Charge: Murder
Result: Dismissed by prosecution
Narrative: After a young man was shot to death in his front yard and in broad daylight, an army of eyewitnesses pointed the finger at our client, who was alleged to be a member of a rival gang. On the first review of discovery, the case seemed open and shut. Over a dozen witnesses claimed to have seen our client fighting and then shooting the deceased. But an obsessively diligent investigation would tell the story in the end. We were able to interview most of the witnesses and very carefully cross-reference their versions of events not only to one another but also to the location of the offense. After testing the witnesses for greater detail, we slowly uncovered that many of them must have been lying or simply parroting what they had been told. The government’s case was finally broken when we were able to show that its key witnesses could not possibly have seen what they reported seeing. In a lightbulb moment, our repeated trips to the scene showed that when the foliage on the trees returned, the lines of sight of these important witnesses would have been almost entirely obstructed. After compiling all of the evidence obtained by the defense and presenting it to the prosecution, the government decided that it could not proceed to trial and dismissed the case against our client.
Commonwealth v. KS
Charge: Murder
Result: Plea to Manslaughter in the Second Degree
Narrative: Our client called the police herself after she had stabbed her boyfriend over 50 times, killing the man, who was a retired firefighter and son of a local detective. Through our investigation, we were able to determine not only a substantial history of mental illness on the part of our client but also a long history of being the victim of domestic violence. During the pretrial phase, we retained the services of a leading expert on the topic of Battered Woman Syndrome. After presenting her findings in support of our claim of self-defense, the prosecution dramatically amended its plea offer from murder to manslaughter in the second degree and recommended a lenient sentence against the wishes of the victim’s family.
Commonwealth v. AA
Charge: Rape in the First Degree
Result: Not Guilty after jury trial
Narrative: Our client was accused of sexually assaulting a young woman whom he had charitably permitted to stay at his home. Despite giving his full cooperation, the police charged him several months after the incident. We found the allegations completely uncorroborated by the physical evidence. Unfortunately, the prosecutor refused to see the weaknesses we identified. At trial, we were able to present the missed opportunities of the investigation and nuanced inconsistencies with the physical evidence. Through careful cross-examination, it was shown that the sex acts described were almost physically impossible. The forensic examiner was also forced to show her bias and admit that the lack of injuries was completely inconsistent with the violent rape described. Finally, we took advantage of many demonstrative exhibits to convincingly show that the attack described had failed to disturb certain items in the bedroom. The jury deliberated for about two hours before returning a verdict of not guilty.