Thursday, November 28, 2013

Not Guilty verdict despite deceitful, spiteful, overzealous prosecutor!! Victory and justice!

Yesterday a King County Jury returned a verdict of Not Guilty (acquittal) for my client who was charged with Hit and Run Attended Vehicle after a two day trial.
Not to toot my own horn, but I was fairly confident the jurors would see the travesty of justice being presented to them by a very spiteful, bitter, prideful supervising prosecutor.  Both investigating troopers concluded no crime had occurred and that my client had no knowledge of the alleged collision because it was ever so slight contact.  The prosecutor's office initially offered my client an offer to plea to a lesser offense, however, that offer was still a criminal offense.  My client felt he had no culpability and I agreed.  Just before the trial began, both troopers reiterated to me their displeasure at being called as witnesses on a case they basically called ridiculous.  I told the prosecutor responsible for the trial (nice new attorney only doing her job at the direction of her supervisor) she needed to speak with her supervisor about the troopers' position and to her credit she did.  Unfortunately, that supervisor has such an ego, such a terrible disposition, such contempt for defense attorneys she ignored the facts, the opinions of the troopers and essentially, in my opinion. violated the rules of professional conduct (by knowingly proceeding with the prosecution of a case wherein the merits did not warrant a conviction).  
After we disclosed the troopers' opinions to the prosecutor, instead of taking appropriate actions and dismissing, she filed several motions to try and prevent the troopers from testifying about their opinions!  Yes, the prosecutor did not want the troopers to be able to present the truth to the jury!  Why?  What was the purpose of proceeding?  It was complete spite, immaturity and blatant disregard for justice!  I am wholly satisfied with the outcome, it was justice!  My client was facing a criminal conviction, a criminal record for something the state's own witnesses (troopers) believed was not a crime.  This was the act of an overzealous prosecutor and the state got what they deserved, a NOT GUILTY!  
This case is exactly why I do what I do, when a prosecutor takes it upon themselves to pursue cases without merit, you need someone to stand up for you and I am always ready!  I would try this case again in a heartbeat. 
BTW: We had also attempted to compromise this case with the alleged victim who at first seemed reasonable but then sought "pain and suffering" and additional repairs to his vehicle which were not caused by the collision. Essentially these two vehicles barely scraped each other and, despite the alleged victim's testimony he was sideswiped, the investigating trooper (who was specially trained in accident reconstruction) testified that was absolutely not true, that the evidence showed the alleged victim sped up in an attempt to cut my client's vehicle out merging into a lane.
Furthermore, she informed the alleged victim she was only going to issue a civil infraction.  Upon hearing that the alleged victim voiced his displeasure, called her supervisor and threatened to file a complaint with the state representative.  The supervising trooper reluctantly relented wholeheartedly expecting the charges would be declined by the prosecutors office. Again, both troopers told the prosecutor they would not support this charge at trial and they proceeded anyway, it was the most ridiculous, unnecessary trial ever.  In my career I have never encountered a more bitter, unreasonable, spiteful, vindictive, unpleasant prosecutor (not the prosecutor who was forced to take the case to trial, but the immediate supervisor) and I'm glad the jury saw the BS. 
This prosecutor's tactic is to speak with an attorney about a case in an effort to, supposedly reach a resolution, when in reality her ulterior motive is to use all information you disclose (that is, weaknesses in the state's case) against your client.  It is a disingenuous approach to seeking "justice."  In my opinion this prosecutor does not possess the disposition, maturity, or temperament to hold the position in which she is employed.  She is seconds away from a bar complaint and violation of the rules of professional conduct.  Yes, overzealous, unscrupulous prosecutors are out there and this one is a prime example.  Shame on the State!  When people ask me, "why do you defend guilty people!" I point out cases as this!  Without people like me and my colleagues our government would be able to steamroll defendants and that is not going to happen on my watch.

It is not the government's position to win at all costs, despite the evidence, that is not justice! Pursuing cases despite the evidence in an attempt to garner a conviction is not justice, it is the act of an overzealous prosecutor and that approach always comes back to bite them in the (rear) end!
State v. J.T. - Case no: 513009093 (King County District Court)
About the author:
Nathan Webb, is a seasoned Seattle DUI Lawyer.  His practice emphasizes DUI defense.  He has been repeatedly recognized as one of Seattle's Best Attorneys! He was recognized as a Top Seattle DUI Attorneys by Seattle Met Magazine, Repeatedly named a Super Lawyer Rising Star in the area of DUI Defense by Washington Law and Politics Magazine, and Rated Superb for DUI Defense (perfect 10.0 out of 10.0) by