In July 2014, our client, a Prince George’s County Policeman and his wife with another couple went to see a show at the Howard Theater. Upon leaving the show it became evident that the valet for the Howard Theater had inadvertently left the lights on, on our client’s friend’s automobile. The valet became belligerent and taunted our client’s friend, while refusing to adjust the parking fee or assist the friend in getting his automobile jump started. The friend was then surrounded and threatened. Our client observed one of the valets grab a metal pipe from the valet stand. Observing the former, our client went to his automobile, grabbed his identification in one hand and his off-duty service revolver in the other. Our client went to the assistance of his friend who was then surrounded by the valet staff. Our client ordered the valet staff to get to the ground and drop their weapon, which included a metal valet sign and the metal re-bar pipe. Our client never pointed his service revolver at any of the assailants. The Metropolitan Police Department was called and inexplicably arrested only our client and his friend (represented by Esteban Gergely). Our client was charged with two felonies: Assault with a Dangerous Weapon and Possession of a Firearm during a Crime of Violence, which carried a minimum mandatory five years’ incarceration, if convicted. Because the client was a police officer, charged with a felony, the Prince George’s County Police Department placed the client on leave-without-pay. The client remained on leave-without-pay for fifteen months.
Our associate, Abigail Scott, combed through the security video given to us by the Howard Theater and realized that a citizen was taking a cell phone video of the incident. Abigail then developed a flyer which we distributed to all the local stores hoping to find the, yet unknown, citizen with the cell phone video. My special investigator and myself also went to the Howard Theater backdoor to show the flyer. My special investigator realized that by chance the cell phone videographer was present at the backdoor when we arrived. The videographer did not identify himself at first; however, two weeks later, we received a telephone call from the videographer who provided us with the video exculpating our client and his friend. We then presented a video compilation produced by, Joey Rossetti of JR Media Systems LLC, showing the cell phone video and the Howard Theater surveillance video in sync. This was shown to the court and to the United States Attorney’s Office at a short motions hearing. Shortly thereafter, today, the Court on motion of the United States Attorney’s Office dismissed the Indictment completely. My client is looking forward to having his back-pay reinstated.
This ordeal was patently unnecessary and shows that diligent investigation and attorney work-product goes a long way to free the innocent. A large round of applause to Joey Rossetti, Esteban Gergely, Abigail Scott, and our special investigator for a job well done!
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