In an emotional trial that captivated the city of New York for years, a jury acquitted two NYC police officers on most charges, including rape and burglary.
The defense was based on the failure of the prosecution to present sufficient evidence to convict. The jury acquitted the officers based primarily on the following factors:
DNA Evidence. There was no genetic material found in the apartment.
Accuser's testimony. The only fact she could remember clearly was the rape. Everything else was not clear to her, due to excessive alcohol intake.
Accused's testimony. His testimony was consistent in that he kept his clothes on and did not rape the accuser.
Videotape of the accuser indicates that she was not as incapacitated as she claimed to be.
Audio taken by the accuser during a concealed wire conversation where the accused denies he had sex with her many times until, according to the accused, he admitted to the act so that she would stop pestering him.
After deliberations, the jury acquitted on the rape and burglary charges but convicted on the charge of Official Misconduct based on the officers returning to the accuser's home several times throughout the night. According to the officers, they returned to check on her and insure her safety.
If you know of someone who is in trouble with the law, you need a defense attorney who is experienced in presenting a strong defense and standing up for your rights.
Posted in Criminal Defense
Tagged DNA evidence in criminal trials, former NYPD acquitted, NYC criminal defense lawyer