A-TEAM Victory in Oregon Jury Says "Not Guilty"

We don't put every case we win on the web, we pick and choose. The banner case for the year 2001 was one we just finished on Corvallis, Oregon. Our client was facing charges on 11 felony counts. 7 of the 11 counts were for sexual abuse of his daughter. We followed the A-Team formula and had our client tested. As a result of the testing those 7 sexual abuse charges were dropped on the day that trial started. The jury was selected by Ken Pangborn trial consultant.

We went to trial on the 4 remaining charges. On the second day of trial the prosecution rested its case. The judge dismissed another count, leaving 3 to be decided by the jury. We finished our case Friday morning. On Friday afternoon the prosecutor called a rebuttal witness. The case went to the jury for a verdict on the 3 counts at 4 PM. At 3 minutes to 5 the jury came in with their verdict. NOT GUILTY on all 3 remaining counts. While in Oregon it only takes 10 jurors for a verdict, the verdict in this case was unanimous. Most of the hour that was used was used to select a foreman. The verdict was decided on the first ballot.

What is notable about this case was that our client had been in contact with numerous lawyers from all over Oregon. To a man, all told him that he stood no chance at all. And when the local Oregon lawyers heard what our "strategy" was, again to a man they all said; "You can't do that in Oregon." Well we did it. And we had done it before and it succeeded in several cases we had done in different parts of Oregon in the past. The client hung in with us and we destroyed the prosecution on the case. We were offered numerous "plea bargains" during the course of our being on the case. Our client was urged by everyone else to accept the pleas. He was repeatedly told that the offers were great and that a jury was 100% certain to convict. He was told that; "Benton County juries always convict in this type of case." We don't know how true that is, all we know for sure is that the jury did not convict on our case. Throughout the case we were confronted with hidden evidence that sprang at us during the trial. At one point the client was contacted by a police detective who had been in on his original arrest. While they say that it was "harmless" that they just wanted to get a "character reference" on somebody who wanted a job with the police department, we were just a little suspicious that a detective would be seeking a character reference from someone on trial for 11 felony counts. The judge expressed "deep concern" and said that the event was "troubling." It was a clear effort to send a message of intimidation.

We felt we had a strong case from the start. We had an innocent client and lots of evidence to support our position. We used only two of the four experts we had on tap. But this is just one more of a long line of A-Team wins.

(Note: minor editing was done to preserve the layout of the following document. No text was changed or edited except to preserve the privacy of parties involved.)

IN THE CIRCUIT COURT OF THE STATE OF OREGON
FOR THE COUNTY OF BENTON

STATE OF OREGON )
Plaintiff, )vs. )

THIS MATTER having come on regularly before the Court-for trial on 10th day of December 2002; The Honorable Janet S. Holcomb, Circuit Court Judge, presiding.
The State of Oregon appeared by and through Liane Richardson-, Deputy District Attorney for Benton County; the Defendant appeared in person and by counsel, Alan Eisenberg and Stephen R. Ensor.

A jury was duly empanelled. Following the opening statements or counsel, the State presented evidence and rested. The Defendant thereupon moved for a judgment of acquittal. The Court granted the Defendant's motion. as to Count 9 (Harassment). The Court denied the Defendant's motions as to counts 7, 8 and 10.

The defendant then presented evidence and rested. Following the. State's rebuttal, closing arguments were presented. The jury received instructions from the Court, deliberated and thereupon reached the following verdicts:

NOT GUILTY of the crime of CRIMINAL MISTREATMENT IN THE FIRST DEGREE (Count 7).

NOT GUILTY of the crime of ASSAULT IN THE FORTH DEGREE (Count 8).

NOT GUILTY of the crime of HARASSMENT Count 10).

TRIAL ORDER
State v. E-------

A copy of the Verdict is attached hereto and by this reference incorporated
herein.

NOW, THEREFORE, IT IS HERERBY ORDERED AS FOLLOWS:

1That the jury's verdict be received and entered of record.

2. That the Defendant be hereby discharged.

3. That the security posted on behalf of the Defendant in this matter be hereby exonerated by the clerk in accordance with law.

Dated this 27th day of December, 2001.

____________________________________
THE HONORABLE JANET S. HOLCOMB

IN THE CIRCUIT COURT OF THE STATE OF OREGON
FOR THE COUNTY OF BENTON

STATE OF OREGON, )
Plaintiff, ) Vs.)

JXXX XXXX , ) Defendant. )

)Case No. )CMOO?xxx9 )VERDICT

 

We, The Jury, being duly impaneled and sworn in the above-entitled Court. and cause, do find the Defendant on the charge of Criminal Mistreatment in the First Degree:

X Not Guilty

___ Guilty

We the jury, being duly impaneled and sworn in the above-entitles Court and cause, do find the defendant on the charge of Assault in the Fourth Degree:

X Not Guilty

____ Guilty

We the jury, being duly impaneled and sworn in the above-entitles Court and cause, do find the defendant on the charge of Harassment (Garfield Play):

X Not Guilty

____ Guilty

Dated this 14th day of December, 2001.

Clifford Helming
PRESIDING JUROR

IN THE CIRCUIT COURT OF THE STATE OF OREGON
FOR THE COUNTY OF BENTON

STATE OF OREGON, )
Plaintiff, ) Court No. CMXXXXX 9
vs. )
)
JEFF EXXXXXX ) MOTION TO DISMISS AND
) JUDGMENT

The District Attorney moves for a Judgment dismissing the following Counts of The accusatory instrument
Charging the offense (s):

Count l: SEXUAL ABUSE, IN THE FIRST DEGREE (FSG=8; B Felony; ORS 163.427)

Count 2: SEXUAL ABUSE, IN THE FIRST DEGREE (FSG?8; B Felony; ORS 163.427)

Count 3: SEXUAL ABUSE IN THE FIRST DEGREE (FSG=8; B Felony; ORS 163.427)

Count 4: SEXUAL ABUSE IN THE FIRST DEGREE (FSU=8; B Felony, ORS 163.427)

Count 5: SEXUAL ABUSE IN THE FIRST DEGREE (FSG=8; B Felony; ORS 163.427)

Count 6: SEXUAL ABUSE IN THE FIRST DEGREE (FSG= 8; b Felony; ORS 163.447)

Count 11: ENCGURAGING CHILD SEXUAL ABUSE IN THE SECOND DEGREE (FSG=5; C Felony;
ORS 163.686

FOR THE REASON THAT:

( ) Defendant pleaded guilty to;

( X ) There is insufficient evidence to justify further prosecution;

( ) It is in the best interests of Justice;

( ) Defendant successfully completed a Diversion Agreement;

( ) Case is too old to prosecute effectively;

( ) Defendant failed to appear and cannot be found to serve outstanding arrest warrant.

( ) Other;

DATE: December 6, 2001

Liane Inkster Richardson, OSB No. 95394
Deputy District Attorney

JUDGMENT

Upon the District Attorney's Motion,

IT IS HEREBY 0RDERED AND ADJUDGED:

1. That the requested dismissal is allowed.

2. That any security posted is exonerated

3. That the Clerk recall the warrant, it any were issued.

4. That any fees previously paid shall be forfeited.

DATE:

__________________
Circuit Court Judge

Document ID No. 29