OUR DISMISSALS

STATE V. R.Y. (BURGLARY)

Our client was charged with stealing large amount of gravel from a sand company he worked at.  He was also on probation for Attempted Murder and was facing 30 years in prison if he was convicted on the Burglary charge.

Mr. O’Toole took extensive depositions of eyewitnesses who claim they saw our client driving a payloader loading trucks with sand the night of the burglary.  One of the witnesses failed to show up at a deposition and instead of calling, the boss of the sand company called on his behalf.  This made Mr. O’Toole believe the boss was controlling the witness testimony. 

After extensive depositions, Mr. O’Toole announced ready for trial.  However, the prosecutor magically found a new witness who had never come forward before!  A witness not even listed in the police reports.  This was outrageous and a complete abuse by the prosecutor’s office.

Mr. O’Toole went after this witness very hard.  The deposition of this witness was so extensive and demoralizing to the prosecutor that they did not even call this witness at trial!

At trial, Mr. O’Toole went after each witness aggressively and made arguments that they were lying in order to protect their jobs and that the boss was controlling the testimony.  Moreover, Mr. O’Toole was able to get the boss to breakdown and get into a heated argument while testifying.  You could see the jurors heads shaking in disgust because of the lies and fake witnesses presented by the prosecutor.

Luckily for the prosecutor, the judge intervened and DISMISSED THE CHARGES after the prosecutor presented all of their evidence.  A discussion with the jurors afterward revealed that they were truly disgusted by the prosecution tactics and would have voted Not Guilty anyway.

The entire courtroom staff, including the court reporter, clerk, and bailiff told Mr. O’Toole that his cross-examinations were incredible.