OUR DISMISSALS

STATE V. M.R.  (BATTERY)

The client was charged with battery.  The client was a professional businessman who had just purchased an expensive new car. He parked his new car in the parking lot in front of his business in a strip mall. He saw a man park next to his car and begin unloading merchandise. Our client walked up to the man and asked him politely not to scratch his car.

The victim (who was the man unloading the merchandise) claims that our client then punched him in the face several times and then ran. The police came to the scene and did an investigation. Their investigation revealed that the victim was bleeding from his face. They believed the victim's story and then arrested our client without hearing his side.

At trial, Mr. O'Toole asserted self-defense and did what the police failed to do. First, Mr. O'Toole presented a photograph of our client taken shortly after the incident. The photograph revealed a red mark on our client's neck. Next, Mr. O'Toole cross-examined the police officer who investigated the case and had him admit that the only reason he arrested our client was because the victim was bleeding and our client was not. Additionally, Mr. O'Toole presented letters from the victim's personal injury attorney which were dated prior to the first court date demanding money for injuries relating to the incident.

Finally, Mr. O'Toole launched an assault of the victim through relentless cross-examination which left the victim's story dead in its tracks.

Truth revealed: The victim punched our client first and hoped to be assaulted so that he could extort money from him. He must have thought our client was rich because of the expensive new car. What the victim did not count on was that Mr. O'Toole would be defending the case.

Result: NOT GUILTY verdict.  The victim also dropped all personal injury claims against our client.