Total Vindication of our Client in Allegany County Circuit Court on the Charge of Rape

Posted on: October 21st, 2013  |  No Comments

On October 15, 2013 we appeared with our client in the Circuit Court for Allegany County. Our client was accused of Rape at a party held by upperclassmen and graduate students at Frostburg State University; our client was the only sophomore present. The State on October 15, 2013 entered the charge of Rape as “Nolle Prosequi”, DISMISSED.

The defense investigation located six additional witnesses who corroborated our client’s version of the events which corroborated the client’s total claim of innocence. Our office, early on in the case, located a video tape which also corroborated our client’s innocence. The investigating officer failed to interview critical witnesses and failed to go to the scene of the alleged crime to properly document the allegations of the complaining witness. Our investigator, Todd Troutner, not only documented the scene of the alleged crime but he also located and interviewed the unbiased critical witnesses present at the get together.

The Sexual Assault Forensic Examination at the hospital ultimately showed that there was no evidence of trauma which would indicate a forcible rape assault. DNA swabs taken by the sexual assault nurse at the initial examination of the complaining witness’s vaginal area were taken at the hospital the morning after the alleged rape. These swabs were eventually provided to the Maryland State Police for testing. The DNA of the vaginal area of the complaining witness failed to implicate our client. These forensic revelations as to the DNA were not disclosed by the State until September 19, 2013; however the allegations of Rape were alleged to have occurred on or about February 26, 2013.

Our investigation revealed that the complaining witness’s father was a former policeman who was well known to the investigating officer as a colleague. Discovery disclosed that there were discussions between the investigating officer and the complaining witness’s father just as the investigation commenced which clearly indicated to this office some bias in the investigation.

Unfortunately this vindication of our client had a significant cost, both emotionally and economically on our client and his family. JUSTICE SOMETIMES COMES AT A PRICE BUT JUSTICE PREVAILED!

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