Aggravated Child Abuse case is dismissed

Lori Doganiero Palmieri

Case Conclusion Date:September 11, 2013

Practice Area:Criminal Defense

Outcome:State dismisses the charge

Description:In the fall of 2011, my client was watching his girlfriend's 16 month old daughter. He left her on the couch to get her some juice from the kitchen. He heard a thump and a cry and found her 4-5 feet on the floor from where he left her. She had a spiral fracture of her left femur. The Child Protection Team Doctor said it was "non-accidental trauma" and he was arrested 3 weeks later. There were no witnesses, no evidence of abuse and no admissions of wrongdoing. In a purely circumstantial evidence case, which this was, the State must disprove every reasonable hypothesis of innocence. Once a defense expert opinion was provided contrary to the state's expert, they were forced to take another look at the lack of evidence and ultimately dismissed the charges. My client was facing 30 years in prison if convicted and is totally free today.