Case Conclusion Date: August 24, 2009
Practice Area: Violent Crime
Outcome: Not Guilty on 2 Felony Rape charges
Description: Not Guilty on 2 Felony Rape charges. After a two week jury trial, Mr. D-L received two not guilty jury verdicts after just one hour of deliberation in a Vista rape case. The swift verdict was a contrast to the seven months Mr. D-L spent in jail pending trial, because he was unable to afford bail. Extensive investigation and several pre trial motions were key to uncovering the alleged victims long history of alcoholism and resulting delusional behavior. She previously had filed a complaint against another maintenance man at a nearby apartment complex, then against Mr. D-L. She then testified Mr. D-L’s successor was following her on seventeen different occasions. Moreover, she claimed to have been raped while unconscious after drinking a can of beer and falling into a deep sleep on her living room couch. Whereas, the menstrual blood and semen stains as well as their location on the sheet covering the couch contradicted her position on the couch and her story. Mr. D-L testified the sex was consensual, as it had been two times before where he paid her $50 dollars each time. On this occasion (a day later) she asked for another $50 dollars for the sex but became upset when Mr. D-L didn’t pay as she came on to him while he was repairing a apartment towel rack at her request. Also, he was broke. The jury verdict enabled Mr. D-L to return to his wife and two children and to continue caretaking his eighty year old friend who is on oxygen due to illness. As with all innocent defendants, he cried upon a reading of the verdicts, so did his family. Mr. D-L avoided prison, deportation and lifetime sex registration as well.