Assault Family Violence | State v. R.B

Client was accused of slapping his fiancé on the left side of her face.  However, client was handicapped since birth and could not raise his right hand over his elbow.  The fiancé did not want the client leaving on a trip to Dominican Republic with his work so she fabricated this story and called the police.  I quickly showed the DA his medical records, affidavit from his trainer about his limited range of motion, pictures and videos of him moving his right arm.  Additionally, we showed all of her Tik Toks in the days after talking about how she had been cheating on him the whole time.  And videos of her rummaging through his car the night of the allegations.  The offense report showed no damage and red marks.  The HCDAO refused to dismiss, so I set it for a 10 day trial setting.  The fiancé then called the DAs and said she didn’t want to testify.  The DAs still would not dismiss.  Mind you this is the same Domestic Violence Division that we got a dismissal mid trial a month before. Still overzealous, still ill-prepared- and still unwilling to see the whole truth. Again, this entire branch needs to go and be replaced when the new DA comes in.  We showed up the morning of trial more than ready to bring the truth, the whole truth, and nothing but the truth and they finally dismissed.  I’ve never seen a division this aggressive and I sympathize with them wanting to protect “victims” but they need to see the whole truth and not be jaded and biased.  Sometimes the victim is the accused and we saw in this case.