One of the strangest trials I won
Updated: Apr 2
I recently tried a sexual assault case to a jury in West Roxbury. The case was quite strange and the details may be disturbing for some readers. Should you have any concerns about reading about sexual assaults or derogatory language, I would recommend that you stop reading now.
As for the case, the client was a male foreman of a construction site and charged with indecent assault and battery on a male steward. Both males were older and had families. The victim and the defendant did not know each other and only worked on the site together for one day in the winter.
The alleged victim stated that the defendant yelled homophobic slurs at him during the day prior to grabbing his hips and dry humping him from the back. After the humping, the victim described that he felt pressure against his anus from what he believed was the defendant's finger. After the sexual assault, the victim claimed that the defendant swore at him and called him more homophobic slurs and told him to come back to his truck to "play with his grapes."
The trial was very intense with the victim's wife and grown daughter being present during the entire trial. During the trial several witnesses testified including the police, contractors and company executives. It all lead up to the victim testifying and describing a very vivid scene. The victim himself was extremely emotional and was crying during much of his testimony. Emotional witnesses can be very difficult especially in sexual assault cases because as a defense lawyer you do not want to come across as bullying or badgering. However, in order to do my job, I had to cross examine every witness despite the emotional state.
After a long deliberation, the jury found the client not guilty of all the charges. When the words not guilty were read it lead to my client crying and almost collapsing prior to me catching him to help him to regain his balance. My client was adamant that he was innocent since day one. By obtaining the not guilty verdict my client felt redeemed. In addition, it allowed my client to go back to working at his job of thirty plus years, avoid jail time where he had never been before, and avoid registering as a sex offender.