Win - Colorado State University Sexual Misconduct Hearing
May 07, 2024
OUTCOME: Not Responsible
A PhD student's ex-FWB became upset that he did not want to become exclusive. She tried to destroy his life, in part because she did not want to have to see him in the Lab building. Together, we discov...ered the story and found the facts to support it. Despite significant Due Process violations, we were able to show that story to the Hearing Officer who found my client Not Responsible. The next day, he graduated with his PhD. He will help this world with his knowledge and degree.
Education
Win CU Boulder Appeal of Finding of Sexual Misconduct
May 03, 2024
OUTCOME: Reversed Responsible Finding - New Hearing
A biased hearing officer that did not follow the University rules, nor Due Process was successfully appealed. The University agreed that the Hearing Officer was wrong and ordered a new hearing. With a ...fair Hearing Officer, we expect a Not Responsible result. If not, we are ready to file our Federal Lawsuit.
DUI and DWI
DUI 2nd Refusal - Non-DUI offer
Aug 02, 2021
OUTCOME: Reckless Driving offer
My client had two beers with dinner as shown by a receipt. Another patron of the restaurant thought he was loud and did not like his politics, so she called the police to say he was DUI (Karen). The po...lice contacted him at home, they never saw any driving. He tried to cooperate, but when they were arresting him he was upset and refused to take the breath/blood test (he would have been under 0.050 BAC). The police were mad he refused. She said he stumbled - he is over 60 and has worked his whole life resulting in back, hip, knee and foot injuries that are documented. Jefferson County District Attorneys rarely give a non-DUI offer where there is a refusal. Due to my reputation as fair, decent and honest, this DA did a little homework and agreed to a Wet Reckless, saving my client's job and pension.
Sex crime
Sexual Assault with Force - Acquaintance Rape Claim
Jun 29, 2021
OUTCOME: Not Guilty on All Counts
Not Guilty on the single charge. They met on an airplane and things moved from there. She invited him over to spend the night. They talked, connected and had sex. She freaked out. He sent text messages... apologizing and saying he should have listened to her, he should have stopped, and that he was just horny. Most lawyers said it could not be won. My client said he did not do anything wrong, she consented. The jury agreed. This required learning why she might lie as well as why he might send these texts that made him sound guilty.
Sex crime
Title IX University Sexual Misconduct
Jul 25, 2020
OUTCOME: Not Responsible Sexual Misconduct
My client was accused of sexual misconduct by another student at his Denver area university. He faced expulsion, loss of sports scholarship and a permanent "responsible for sexual misconduct" mark at t...he National Transcript Clearinghouse.
The investigators at the Title IX or Office of Institutional Equity office in the university found him responsible despite our best efforts. We appealed that decision and won.
My client is working towards his degree and has been reinstated on his team with his full scholarship. Never fail to appeal - the best chance to win is outside of the Title IX office.
Using Trial Lawyers College skills and basic investigation to discover the true story of this case, we were able to show the jury how what may have looked like a drunk menace breaking into a house inte...nding to sexually assault a child was actually a person drugged with LSD on his birthday, scared and confused.
While the home owner reasonably mistook the true facts, acting to protect his family.
The police and prosecution ignored statements, failed to collect evidence supporting the truth and actively misstated facts, both in the press and to the jury. Trauma justifies victim's false beliefs. We expect more from our police and prosecutors. Unfortunately, they can have trouble seeing the truth for less honorable reasons. This is why we have juries and defense attorneys.
We are grateful to this jury for saving this young man's life. He will soon be serving our country in the armed forces, protecting the Constitution with a fervor that few have. I am honored to have tried this case.
Sex crime
Title IX Sexual Misconduct Win
Jun 11, 2018
OUTCOME: Not Responsible Sexual Misconduct
For the past 4 years, I have worked on many University Conduct cases including Title IX or Office of Institutional Equity and Compliance cases, usually involving claims of sexual misconduct or domestic... violence.
The Office of Institutional Equity found insufficient evidence of sexual misconduct after investigation, argument and showing the failure of due process. Client gets to keep her athletic scholarship, remain in school, and graduate without a finding of "responsible for sexual misconduct" on her permanent record.
This was a case with two female athletes on the same team. The complainant had a somewhat similar issue at a prior school (although the school rules say that is not evidence in this case). The complainant had created a love triangle, with the 3rd person being very jealous of client. It appears that the motivation was to remove client from the team and school to appease the 3rd.
In these cases, there is no presumption of innocence and the burden is a simple preponderance (50.1%). There is no confidentiality of this investigation, meaning that police can get all statements and use it to prosecute in state court. So, you have to defend yourself or you lose and your defense will be used against you in court. You need a lawyer to help you navigate this mess.
Sex crime
Sexual Assault - Massage Therapist
Mar 19, 2018
OUTCOME: Not Guilty at Trial
A long term patient of my client accused him of inappropriate touching during a massage. The report was near immediate. We were able to show how the story developed from accidental touching to intent...ional penetration via a protective husband and a terribly suggestive investigation.
The complaining witness likely was triggered by the accidental touching, causing a PTSD flashback. The flashback seemed real, but was not, as supported by the prosecution's sex assault expert. The complaining witness did not lie, but instead believed a false accusation. The biased and suggestive investigation prevented the truth from coming out until trial. The prosecution refused to consider this evidence. They did not know what hit them.
My client says I saved his life. Several jurors hugged him after trial, telling him to put this behind him - they were saying we believe you are innocent. Only a few months later, he is beginning to enjoy life again.
DUI and DWI
DUI crash at 3AM after visiting the Dark Horse
Feb 20, 2018
OUTCOME: Not Guilty at Trial on all DUI type charges, guilty of careless driving
My client crashed into the Boulder Creek on his way to Nederland at 3AM after playing pool at the Dark Horse. He found himself upside down, belted and underwater. Fortunately he was able to extricate... himself and swim to safety.
Once on the shore, my client wanted a cigarette but his lighter was soaked. He had purchased a pint bottle that was in his pocket. Shivering and angry with himself for crashing his brother's car by driving too fast and losing control, he drank half the bottle or more and set it down. The bottle fell in the creek.
His BAC was related to the drinking after driving, not prior to.
The jury may have been skeptical of the defense, but they believed in the presumption of innocence until and unless proof of beyond a reasonable doubt shows guilty.
A tough win that saved my client his job, his semester in school and lots of time and money. He learned much simply saving his own life from the creek.
Domestic violence
Domestic Violence Charged Dismissed - Priors
Dec 21, 2017
OUTCOME: Dismissed by DA
The police came after a 911 call where wife needed help because her husband was acting strange and may need medical help. My client drank some alcohol and took a medication. This combination caused h...im to have a bad reaction. He could barely walk or talk and was loud and disruptive.
His wife wanted an ambulance to come check him out and see if he needed to get medical treatment. She could not get him into a car, worried she could not control him once he was in the car. She had kids at home that needed supervision. She needed medical help.
Police came and assumed domestic violence. They saw that my client had cut his head and blood was all over his face. They saw that his wife had a slightly swollen lip. They assume a physical fight even though no one said there was one, including an independent witness.
Upon running my client's name through criminal databases, police saw he had prior arrests for domestic violence and resisting arrest from another state.
Getting a dismissal on a case with priors is difficult. My client was out of the home for many months. He suffered greatly, as did his family.
In working with his wife, we were able to learn how she injured her lip (not DV).
We were happy to go to trial, but it is always best to get a guarantee. We showed the prosecutor the story of wife's injury and backed it up with the 911 call showing that she simply wanted medical help. The prosecutor tried to get evidence to support an assault, but could not. Dismissal.
Client was still on probation in the other state. A conviction would have meant revocation of that probation and a likely prison sentence.
