Florida v. Francois
Nov 15, 2012OUTCOME: Acquittal on felony charge - lesser included 2nd degree misdemeanor - reckless display of a weapon.
Client went to employer to ask for wages he was owed. Employer claimed he was threatened with a 4-6 inch folding blade and State charged Aggravated Assault with a Deadly Weapon (knife)(3rd Degree Felo ... ny). State had "victim" and another employee "eye witness," (who testified only that he saw the point of something very small and metallic in client's hand -- a key?) as well as a videotaped confession (client "confessed" only to having a "tape knife" for opening boxes -- my motion to have prejudicial tape redacted was denied). Three day jury trial. Jury acquitted on charged felony but came back with lesser-included Second Degree Misdemeanor, improper display of a weapon. Currently on appeal for judge's failure to order redaction of tape and allow character evidence.
