State v. Graham (Jury Trial)
Dec 07, 2011OUTCOME: Not Guilty of All Counts
Client was a veteran of the armed services, having seen combat. As a result, he suffered from PTSD that would manifest itself in depressive, sometimes suicidal, episodes. During one such episode, his d ... evoted significant other attempted to seize a sharp object from his hands. In this attempt she was struck, causing a red abrasion to her head. Client was charged with misdemeanor assault as an act of domestic violence. During voir dire, the phase of trial where jurors are questioned about their ability to follow the law, among other issues, I had a long discussion about mental health and suicide. Specifically, the effect of such an episode on a person's mental state. It was emotional, and several jurors kindly conveyed their own personal experiences with suicide. My client was later acquitted of all charges under the Theory of Innocence that while he did cause physical contact, it was not done "knowingly" (practically certain), as required by the crime he was charged under.
