Case Results 2004
Rape charges against Massachusetts man dismissed.
Dorchester Docket Number 04-5488. The complaining witness alleged that on September 12, 2004 she met the defendant and another man at a nightclub in downtown Boston. The woman accompanied the two men to an apartment where she claimed to have been raped twice. Specifically, the woman complained to police and medical personnel that the defendant 'physically forced himself upon her and twice penetrated her vaginally with his penis'. After two court appearances we succeeded in having all charges dismissed.
Charges of disorderly conduct and resisting arrest dismissed against Pennsylvania man.
Brighton District Court Docket Number 04-1240. The defendant, a graduate of Penn State University was with several friends attending the Penn State/Boston College football game. Authorities alleged that the defendant was unlawfully consuming alcohol in the stands, and when asked to leave the stadium became loud, agitated, refused to leave and resisted arrest. After two court appearances our office was successful in getting the government and judge to agree to dismiss the case.
Charlestown man acquitted of armed robbery and armed home invasion.
Docket Number SUCR 2003-10808. A Charlestown man charged with armed robbery and armed home invasion was acquitted after a jury trial in Suffolk County. The government presented civilian and police witnesses identifying the defendant as having entered the victim's home at 6:00 a.m. on Monday, April 14, 2003. It was alleged that the defendant placed a knife to the throat of the victim and rummaged through his parents bedroom, fleeing with money taken from a pair of the victim's father's pants. The defendant was facing a mandatory life sentence as a habitual offender. Through cross-examination Mr. Neyman effectively attacked the accuracy and integrity of the identification and the jury returned verdicts of not guilty on all counts.
Charges against Massachusetts lawyer dismissed on police misconduct grounds.
Lawrence District Docket No. 03-7912. After an evidentiary hearing Mr. Neyman succeeded in convincing a judge to dismiss all charges against a local attorney charged with drunk driving, assaulting a police office and resisting arrest. During the hearing Mr. Neyman was able to prove that the defendant was not drunk, had not operated the car, never struck the police officers and never resisted the arrest. In a lengthy decision castigating the responsible police officers the District Court Judge held "regrettably, in this case all of the training, all of the policies and all of the professionalism failed. The numerous violations of the defendant's statutory and constitutional rights by the …police on the evening in question…cannot be justified and in fact must be called into question. They leave no effective alternative remedy but to dismiss the complaint in its entirety".
Architect found not guilty of second offense drunk driving.
Newburyport District Docket No. 03-0849. Mr. Neyman was successful in obtaining an acquittal for an architect charged with second offense drunk driving. The Commonwealth alleged that the defendant was swerving his car in and out of solid dividing lines and operating at an extremely high rate of speed on a downtown Amesbury street. It was further alleged that the defendant needed to support himself by leaning on his own car, could not adequately perform simple field sobriety tests such as reciting the alphabet and walking heal to toe in a straight line. At trial Mr. Neyman asked the officer to perform such tests. The officer used the witness stand box to support himself, shook nervously while demonstrating the field sobriety tests and himself failed to complete the heal to toe test. The jury deliberated less than one hour before returning a not guilty verdict.
CEO of Boston corporation found not guilty of second offense drunk driving
Lawrence District Docket No. 03-4341. After a two day trial a CEO of a Boston based corporation was found not guilty of second offense drunk driving by an Essex County jury. State police officers stated that defendant crossed lines and weaved in and out of lane several times. Police testified that defendant had "stench of booze" on his breath and that the odor permeated the entire police barracks. Through receipts, the testimony of a bartender and defense expert toxicologist Dr. David Benjamin Mr. Neyman was able to affirmatively establish sobriety. Jury returned not guilty verdict in less than twenty minutes.