Mr. Walsh’s client was accused of Driving Under the Influence and Driving While Suspended. Mr. Walsh’s client was arrested because his wife called 911 to report that her husband had crashed his car. When the police arrived, they found Mr. Walsh’s client near the car, the car was registered to Mr. Walsh’s client, he had a key for a Chevy, and the car was a Chevy. However, the police never checked to see if the key Mr. Walsh’s client possessed worked for that specific car. Also, Mr. Walsh’s client denied driving and was never seen driving. At trial, Mr. Walsh won a motion regarding whether the prosecution could use Mr. Walsh’s wife to testify against her husband. Since Mr. Walsh won the challenge to the wife’s testimony, relying upon ‘spousal privilege,’ the prosecutor was forced to argue that the circumstances implied that Mr. Walsh’s client had driven. Mr. Walsh emphasized the lack of conformation and the ‘beyond a reasonable doubt’ standard. The jury agreed with Mr. Walsh that the evidence was not conclusive and found his client Not Guilty.
Congratulation to Tyler Beach on a Robbery and Assault Trial Win!
Mr. Beach’s client was accused of Robbery 3, Assault 4, Harassment, and Disorderly Conduct. Mr. Beach’s position was that his client had committed the Harassment and Disorderly Conduct but not the other two charges. Unfortunately, the Robbery charge meant prison for Mr. Beach’s client if he were to be convicted of that charge. The argument over the Robbery charge focused on whether Mr. Beach’s client intended to steal anything. After only 30 minutes of testimony, Mr. Beach won a motion to dismiss the Robbery charge (the motion is called a Motion for Judgment of Acquittal). At the conclusion of the trial, Mr. Beach’s client was found Not Guilty of the Assault and Guilty of the two misdemeanors Mr. Beach agreed he had committed. Rather than going to prison, Mr. Beach’s client received a probation sentence.
Congratulations to Jennifer Kinzey on a Child Abuse / Neglect trial win in Juvenile Court!
Ms. Kinzey represented a woman who was accused of subjecting her children to abuse and neglect because she (mom) has been the victim of domestic violence. Ms. Kinzey’s client has been physically abused by a boyfriend. A few weeks later, Ms. Kinzey’s client met with that boyfriend whereupon he abused her again. Ms. Kinzey’s client reported both incidents to the police, left that man, and hasn’t seen him since. At trial, Ms. Kinzey’s theme was that ‘one mistake (seeing that man again after the first incident) with one man over the course of one month is not a pattern of domestic violence.’ The judge agreed and dismissed the case. Ms. Kinzey’s client now has custody of her children!
Congratulations to Tyler Beach on a Felony Assault Jury Trial win!
Mr. Beach’s client was accused of felony level Assault 4. This charge carries up to 5 years of prison time. During cross examination, Mr. Beach got the accuser (alleged victim) to admit that she and her sister attacked Mr. Beach’s client while he was holding their child in an attempt to get him to hit back (he accidentally hit her with his elbow when he put up his arm to block their blows) – then they called 911 claiming that he had attacked them. With that information confirmed, the jury returned a Not Guilty decision.
Congratulations to Gabe Walsh on another dismissal on the day of trial!
On the day of trial, the prosecutor had every one of his witnesses present – so, he was ready to proceed. However, this was the day the prosecutor had to actually prove his case to a jury. Despite all attempts by the prosecutor to convince Mr. Walsh to recommend a plea to his client, Mr. Walsh insisted on a trial. Accordingly, the prosecutor gave up and dismissed the case! The relevant facts were that Mr. Walsh’s client had called 911 to report crimes the alleged victim committed. While in the jail, the alleged victim claimed that Mr. Walsh’s client had hit her – a convenient thing say about the person who had just called the police on her.
Congratulations to Angus Dunlavey on another Jury Trial Win!
Mr. Dunlavey’s client was accused of Attempted Strangulation and Harassment. The key to Mr. Dunlavey’s trial victory was to focus on the police investigation. Time and again, Mr. Dunlavey found procedural errors where the police failed to follow proper protocols – protocols that exist to ensure the validity of evidence. As an example, the police interviewed witnesses in front of other witness so that each could hear the statement of the other and therefore adjust their statements to match. As part of Mr. Dunlavey’s focus on the investigation, he pointed out to the jury that the prosecutor didn’t bring the officer that actually did the interviews with witnesses to the trial – a very unusual choice by the prosecution. Ultimately, the jury must have agreed that the evidence offered by the prosecution was not to be trusted because they returned a verdict of Not Guilty to both charges.
Congratulations to Tyler Beach on a Rape, Sex Abuse, Felony Assault, and Strangulation Trial Win!
Mr. Beach’s client was accused of Rape 1, Sex Abuse 1, Felony Assault 4, and Strangulation. If convicted of all the charges, Mr. Beach’s client faced up to 40 years of prison (if he were to receive the maximum for each charge). The entire case was based upon the alleged victim’s statements. There was physical evidence proving that the two people had engaged in sex; but, for the Rape and Sex Abuse charges the question was whether it was consensual. Accordingly, Mr. Beach knew the trial would be all about credibility. The trial was ultimately decided by Mr. Beach’s pretrial investigation and the cross examination of the alleged victim using that investigation. By using the alleged victim’s text messages and her multiple statements to the police, Mr. Beach was able to prove that the alleged victim simply was not telling the truth. At the end of the trial, the judge said that the victim was not credible. Accordingly, Mr. Beach’s client was found Not Guilty of all charges.
Congratulations to Angus Dunlavey on another Jury Trial Win!
Mr. Dunlavey’s client was accused of Assault IV and Harassment. If convicted of both charges, Mr. Dunlavey’s client faced up to 1 ½ years of jail. Mr. Dunlavey’s client was accused by his father. Father claimed that Mr. Dunlavey’s client had thrown him to the ground causing an injury that hurt as a pain level of 9 out of 10. At trial, the father added that while he was on the ground Mr. Dunlavey’s client kicked him as well. During cross examination, all the allegations fell apart. The father testified that he had not been drinking alcohol at the event, but Mr. Dunlavey had the video from the time showing the father drinking. Also, despite supposedly having a pain level only one degree less than the worst pain imaginable, he declined any medical evaluation to find and treat injuries. As the cross examination continued, greater and greater details of the event changed and differed from what he said at the time of the event and from what could be proved from other evidence. Ultimately the Jury returned the verdict of Not Guilty on both charges.
Congratulations to Tyler Beach on a Court of Appeals Win!
Mr. Beach’s client was accused of Felony Driving Under the Influence. This carries a maximum possible five-year prison sentence. At trial, Mr. Beach argued that what his client did qualified as a misdemeanor – not a felony. A misdemeanor has a maximum potential sentence of 364 days. The judge disagreed and decided that the case was a felony. Mr. Beach then initiated an appeal to the Court of Appeals of the judge’s decision. At the Court of Appeals, the Attorney General’s office (they represent the government in appeals - the county District Attorney represents the government at the trial level) conceded that Mr. Beach had been correct. Accordingly, the Court of Appeals ordered the trial judge to reduce the charge to a misdemeanor.
Congratulations to Tyler Beach on another Jury Trial Win!
Mr. Beach’s client was accused of two counts of Criminal Mistreatment. Each of these charges carries a possible five years of prison; so, Mr. Beach’s client was facing a total worst-case scenario of ten years of prison if convicted of both counts. The case came from his 15-year-old daughter claiming that Mr. Beach’s client had hit her in the head with a wrench. At trial, Mr. Beach filled in the full set of facts for the jury. This included that the 15-year-old made this claim right after Mr. Beach’s client took away her phone once he found out that she had been exchanging ‘romantic’ messages with her 19-year-old boyfriend. Amongst those messages included a desire to leave the family home to move in with that 19-year-old. Additionally, Mr. Beach brought in medical testimony regarding how being hit with a wrench the way the 15-year-old claimed was inconsistent with the injuries s found on the 15-year-old (she didn’t even have a mark). Finally, there was another person in the home when this incident supposedly happened who testified that no such thing happened. Upon hearing the whole story, the jury returned the verdict of Not Guilty.