Practice Area: Criminal Defense
Outcome: Case dismissed!
Description: This young man was charged in juvenile court with battery with great bodily injury, a strike offense. The prosecution alleged that he, along with four other people, ruthlessly kicked and hit another young man outside of a bar in Berkeley. Ms. Paine thoroughly developed the defense, including critically examining the statements of all of the eye witnesses. It turned out that the prosecution's case was not as solid as it appeared; only one eye witness (out of five) made an actual positive identification of the client, and she admitted that she had had six hard-liquor drinks in a period of about four hours before seeing the fight. The investigation also revealed that there were about twenty people outside that night, of whom the police only talked to five. The other eye witnesses were either unable to say if Mr. A was involved, or said that he actually was not. Additionally, there was that another individual present had blood on his shirt, and cuts on his hands. The police apparently decided to arrest Mr. A based on the statement of one very intoxicated witness. Ms. Paine pushed the case to jurisdictional hearing (the equivalent of a trial) where it was eventually dismissed.