State v. IA (a minor)
May 13, 2010OUTCOME: Case dismissed at trial
I.A. lived in a multi-story apartment building with his family. On the day he was going to move out he went to his neighbor, whom owed I.A. ten dollars. I.A. knocked on the door several times over the ... course of several hours. At some point during the night someone allegedly kicked in the neighbor's door. The neighbor called the police and when the police arrived the neighbor blamed I.A. As a result, I.A. was charged with Aggravated Burglary. In Ohio Aggravated Burglary is a felony of the first degree. I.A., a young juvenile, faced the possibility of staying in juvenile prison until he was 21 years old as a result of these allegations. Prior to trial the State of Ohio offered I.A. a felony of the third degree. After reviewing what evidence the State of Ohio claim and based upon our advice, I.A. opted for a trial. At the start of the trial the State of Ohio further reduced the charges against I.A. to a felony of the fourth degree. This meant that I.A. could face six months in prison, but could still stay there until he turned 21. During the course of the trial, and through vigorous cross examination by attorneys from Patituce & Wolf, it became apparent that there was evidence that the State of Ohio had in its possession but did not turn over. There were photographs, written witness statements, and a 911 tape. The State of Ohio had represented that none of these items existed. Once it was revealed that they did exist, I.A.'s attorney immediately requested that the charges against him be dismissed for what is called Prosecutorial Misconduct and discovery violations. The trial court gave both parties 48 hours to brief the issues and file written motions outlining their arguments. The prosecutors even went so far as to threaten one of I.A.'s attorneys with a complaint to the bar, or what is also called a grievance. I.A.'s attorney did not back down. I.A.'s attorney did not give in to the idle threat. He filed his response with the witness statements attached. After reviewing the written motions filed by Patituce the Judge dismissed I.A.'s case and sent him home free to be with his parents and move on with his life.