We are proud to congratulate attorney Joe Metcalfe on securing a dismissal in a recent criminal case tried in Washington County Circuit Court.

Our client was charged with assault following an altercation with a former romantic partner. Mr. Metcalfe successfully argued that the State was unprepared to proceed to trial in a manner that respected the defendant's constitutional rights — specifically, the right to confront witnesses face to face.

The case hinged on the fact that the alleged victim had relocated to another country before trial and informed the prosecution she could not return. Rather than promptly notifying the defense or the court and exploring available options — such as a continuance, a pretrial deposition, or video testimony — the State attempted to introduce the absent witness's out-of-court statements as a substitute for live testimony. Mr. Metcalfe argued that this approach violated both Oregon and U.S. constitutional guarantees, and that the prosecution had failed to exhaust the reasonable measures available to secure the witness's presence.

Mr. Metcalfe further demonstrated that other evidence the State sought to admit was inadmissible — including 911 calls containing multiple layers of hearsay, statements gathered by a forensic nursing program that functions as an arm of law enforcement, and a police interview translation that was neither conducted according to accepted interpretive standards nor accurately reflected our client's actual words.

The judge agreed on all counts and dismissed the case.

This outcome reflects Mr. Metcalfe's thorough preparation, his command of constitutional law, and his commitment to holding the State to its burden. We congratulate Joe on this excellent result for our client.