Woman Charging Police Abuse Still Waits for Investigation Results
By Ellen Grimm on Monday, June 14, 2010.
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The Manchester Police Department has concluded its investigation into charges that four off-duty officers beat up a Manchester man during an arrest. The Department plans to release its findings within the next few weeks.
In another, far less public case, however, a woman who claims she was beat up by Manchesters police a year ago is still waiting for the results of their investigation. Read more...
DWI State v. K.M.
Our client was arrested after two "independent eye witnesses" insisted that he was weaving driving recklessly. He told the police that he had only had
two beers with dinner, but they didn't pay any attention that. Police conducted "Standardized Field Sobriety Tests" and concluded that K.M. was intoxicated as he had "failed" them all. K.M. refused the breathalyzer telling police that he feared that he might be over the legal limit. Upon closer examination at trial, it became clear that the field sobriety tests were not conducted properly and K.M.'s fear was meaningless. K.M. was found not guilty of all charges, allowing him to keep his job and avoid the expense s of a DWI conviction.
DWI - State v. M.P.
Our client was arrested after two "independent eye witnesses" insisted that he was driving when his vehicle crashed causing significant injuries to a second person in the vehicle and driving away from the scene. A breathalyzer showed his blood alcohol level at more than twice the legal limit and he had been convicted of DWI in the past. The state offered a lengthy jail sentence and a three year loss of license. Early in the case we were able to get the state's attempt at administrative license suspension dismissed allowing our client to continue to work while awaiting trial. Prior to trial all of our client's statements, and the evidence developed from those statements, were suppressed because they had been obtained in violation of his constitutional rights. All of the charges against him were dropped.
Computer Crimes - State v. R.S.
According to police, our client chatted with a 36 year old police detective posing as a 13 year old girl trying to find anyone on-line that he could lure into a criminal act. After responding, our client drove to the meeting place where police were waiting to surround his vehicle at gunpoint and seize the open laptop computer in his front seat.
A full confession followed. A year into the case, he was scheduled for a plea and sentencing that included a lengthy jail sentence and lifetime sex offender registration. He backed out of the plea at the last minute and our firm was hired to defend him. Prior to trial, we filed motions to dismiss the case and suppress the evidence gathered against him. All of the charges against him were dropped.
Domestic Assault - In Re: J.M.
A young man was accused of attacking a family member with a 12" knife, Assault, and tearing the phone out of the wall during a 911 call. During the trial the judge found that he did not commit those crimes. All charges were dismissed except obstructing the report of a crime. He was sentenced to 6 months of probation.
Forgery - State v. A.L.
Our client was asked to cash checks for a friend who said he could not cash them because he did not have identification. To her surprise, our client was indicted months later for forgery. The prosecutor claimed that they had video taped her committing passing the forged checks. After our meeting with the prosecutor, he understood that our client was simply another victim in the case and all charges against her were dropped.
Juvenile Assault - In Re: C.S.
Our client's parents called us immediately when the police wanted to interrogate their son regarding an alleged attempt to strangle another student with a fishing line. Our early intervention in the case enabled us to work with the school, the police, and the courts to guide our client into counseling and all of the charges against him were dropped.
Sexual Assault - State v. C.B.
From the moment we met, our client maintained his innocence against the accusations that he had inappropriately touched a young boy. The boy had changed his story which was not very clear to begin with. Although he pled to a lesser charge with his previous attorney, our client was still required to undergo sex offender evaluations, treatment, and the associated humiliation that everyone accused of such offenses faces. When we took over the case, we were able to modify his sentence on the earlier conviction, end the evaluations and treatment, and have the remaining charge of Aggravated Felonious Sexual Assault dropped. This was accomplished in part through the use of an independent polygraph examiner who concluded that our client was telling the truth all along.
Theft from company leads to prison sentence
A Manchester woman has been sentenced to prison after stealing from a Wilton database company where she once worked.
Our client, last week received a one- to three-year sentence for a felony theft charge and 17 counts of forgery. She is also required to pay $33,122 in restitution.
Our client admitted to issuing herself extra paychecks and forging the signature of the company president while working at Edgewood Solutions in Wilton. She is accused of forging checks in amounts of $880, $1,600 and $2,400, for a total of more than $25,000.
The sentencing came more than a year after our client admitted guilt.
Our client and her attorney, Shawn Sweeney, twice struck a plea deal with the county last year, but sentencing hearings were delayed.
The charges came as a result of a joint investigation by Wilton police and the state attorney general's office.
Blood Test Seized Improperly
The client’s truck rolled multiple times into the woods. Upon removing the driver from the vehicle, the police performed field sobriety tests. The driver did not do well on the field sobriety tests. Upon arriving at the scene the paramedics interrupted the field sobriety tests and strapped the driver to a backboard for transport to the ER.
According to the state lab, a blood test at the hospital showed a blood alcohol level significantly higher than the legal limit. According to police reports, admissions made by the driver made the case seem even worse. Driver admitted to drinking some very potent drinks before the crash.
The problem for police was that the blood test was seized improperly and would therefore not be admissible at trial. The statements reported about drinking were responses to custodial interrogation without Miranda warnings and would therefore not be admissible at trial. The case was resolved as a violation for driving too fast.
It’s critical to find out early on, not only what the evidence is against you, but whether it can be used at trial.
All of the Felony Charges Were Dropped
Client arrived with a mountain of concern and anxiety after a recent automobile accident. While on probation, accusations of a string of felonies can be very threatening. He was accused of DWI, evading police, crashing his car into another car, and causing serious injuries. None of those accusations were quite as accurate as they seemed.
We immediately requested a hearing at the DMV to avoid the “automatic” loss of license. The police and prosecutor showed up for the hearing unable to provide the evidence to substantiate their charges. The “automatic” license loss from the DWI was dismissed.
Next we prepared for a probable cause hearing on the felonies. It turns out that none of the “serious injuries” that were charged actually existed. All of the felony charges were dropped.
Now we have to fight the misdemeanor charges that remain. Any evidence they have left is on shaky ground. More to follow.
Sometimes the police try to make what was really a minor traffic infraction seem like a major felony case. Early and thorough preparation is essential to heading this off before they succeed.
