This was a case that required Mr. Beach’s client to go to prison for 36 months if the client was convicted. Through cross examination, Mr. Beach proved that the complaining person (the alleged victim) lied to the police in order to get Mr. Beach’s client out of the house. She had called the police to ask them to evict Mr. Beach’s client and the police told her that she would have to go to court for that. So, after that phone call, she called them back and alleged domestic violence. That allegation got him arrested and kicked out of the home. During cross examination, her many different stories fell apart and the only facts that remained was her motivation to lie to get the police to do something they told her they wouldn’t do without a court order. Not guilty on all counts.
Congratulations to Jennelle Johnson on a restraining order win.
The prosecutor brought a violation of a restraining order charge against Ms. Johnson’s client. At the hearing, Ms. Johnson proved that the ‘protected person’ making the allegation followed Ms. Johnson’s client’s car until Ms. Johnson’s client pulled into a gas station to get gas. At the station, the ‘protected person’ approached and assaulted Ms. Johnson’s client and all Ms. Johnson’s client did was try to get away from the abusive ‘protected person’. Naturally, the government prosecuted Ms. Johnson’s client and not the real abuser. No violation was found against Ms. Johnson’s client.
Congratulations to Tyler Beach on a Court of Appeals Win!
Mr. Beach’s client had entered into a plea agreement. Part of that agreement was that the victim could ask for lawful restitution – restitution for money or value to property actually lost or diminished because of this crime. Naturally, the victim made a request for money well beyond what was actually lost. Mr. Beach told the judge that the amount requested was fraudulent and that Mr. Beach should be allowed to offer evidence to prove that. The judge would not allow Mr. Beach to offer evidence, ordered that the full amount of the request would be ordered and commented that it is now up to the Court of Appeals to deal with. Naturally, Mr. Beach, sent the issue to the Court of Appeals and the Court of Appeals ruled that Mr. Beach was correct and the trial judge errored by not allowing Mr. Beach to offer evidence.
Congratulations to Jennelle Johnson on a probation violation win.
The probation office claimed that Ms. Johnson’s client was refusing to do treatment and should therefore go to jail. Ms. Johnson, however, proved that there was no way her client could pay for the treatment the probation office demanded. Accordingly, no violation was found against Ms. Johnson’s client.
Congratulations to Jennelle Johnson on a Shelter Care hearing win in Juvenile Court!
When DHS wishes to have the power to remove children from a family, they must have a court appearance within one business day of the removal. In this case, Multnomah county’s DHS refused to remove the children from a family, so the Washington County DHS filed with the court asking for this power. Ms. Johnson argued to the court that the caseworker working with this family is a Multnomah county DHS caseworker, that the family and children all live in Multnomah county, and that the only connection that this family has to Washington county is that they once in the past had lived in Washington county. The court agreed with Ms. Johnson that the case should be in the Multnomah system (which didn’t want to remove the kids) and not in the Washington county system. Accordingly, the Washington County case was dismissed!
Congratulations to Tyler Beach on an Assault IV win!
Mr. Beach’s client was accused of assaulting his former girlfriend when she came over to his home. Through both direct and cross examination, Mr. Beach established that the ex-girlfriend came to his client’s home in violation of their preexisting agreement and was trying to steal his Xbox. After Mr. Beach’s client repeatedly told her to leave and she grabbed the Xbox (pulling it out of the wall and TV without unhooking any of the wires), Mr. Beach’s client pushed her away from his property. The judge understood this explanation and returned a verdict of Not Guilty.
Congratulations to Jennelle Johnson on a Jury Trial win on a Methamphetamine and Cocaine possession case.
Ms. Johnson’s client’s purse had been left unwatched while the police were talking to people. Eventually, the police searched her purse and found methamphetamine and cocaine. So, the police charged Ms. Johnson’s client with that possession. At trial, Ms. Johnson explored for the jury how long that purse had been left unwatched while all these other people had access to the purse and who knew the police were searching people. The jury agreed that it was impossible to know beyond a reasonable doubt who put the drugs in that purse. Accordingly, Ms. Johnson’s client was found Not Guilty.
Congratulations to Thomas Goldman on another criminal case win!
Mr. Goldman’s client had been accused of assaulting a coworker by jabbing the coworker with a thumb. The workplace was filled with other workers at the time who would have seen this alleged event; but, none saw this happen. In fact, they all had reason to believe the complainant was lying. Nevertheless, the prosecutor believed the complainant. At trial, Mr. Goldman, naturally, explored all the inconsistencies with the complainant’s story. Mr. Goldman also had the coworkers at the ready to share their observations. Shortly thereafter, Mr. Goldman’s client was found to be Not Guilty.
Congratulations to Jennelle Johnson on a Jury Trial win on another Domestic Violence case.
Ms. Johnson’s client was accused of domestic violence crimes and was offered the Washington County Deferred Sentencing program. He declined that option and went to trial with Ms. Johnson. During cross examination of the ‘victim’, the ‘victim’ admitted that Ms. Johnson’s client was actually just defending himself!
Congratulations to Tyler Beach on a trial win for a Criminal Mistreatment case!
Mr. Beach’s client was accused of allowing his child to have access to drugs. The accusation came because the child tested positive for drugs and there were drugs in the home. However, at trial, Mr. Beach proved that the drugs were kept in a locked cabinet that the child simply could not gain access. The win came through a ‘motion for judgement of acquittal’ Mr. Beach submitted at the conclusion of the prosecutor’s witnesses.