A Few Case Results

Tried this strange and difficult case to a jury using defense of “consent”. Obtained a hung jury / mistrial. The State later declined to retry the case, and the charge was dismissed, as the complaining witness was finally heard in…Read On

Leaving Scene of Fatality Accident, and False Reporting of a Crime. YOA drove away from a Norman party and rear-ended a car sitting at a stop light, killing the driver. At trial, the state presented seven (7) witnesses who, with YOA, had gone to Buffalo Wild Wings on the eve of the fatal crash, until close, and then, on to a Norman apartment to continue drinking into the next morning. Each witness stated that YOA was drunk by the time he left the apartment. Mr. Pierce, by thorough, animated, and unrelenting cross-examination, exposed these witnesses’ bias, drunkenness, and unreliability to such an extent that, on Mr. Pierce’s request, the judge threw out the Murder/DUI charge. The court, nevertheless, granted the State the chance to try to convince the jury of a 1st Degree Manslaughter charge that also carried a prison term of 20-life @ 85% (meaning that 85% of sentence must be served before release); but, the State’s closing arguments failed against the power of Mr. Pierce’s summation. The jury, instead, found YOA guilty of Negligent Homicide, a misdemeanor, that carried only one (1) year in the county jail.

Because of DMC’s mental condition, he did not respond to the OUPD officer’s questions and commands according to the officer’s expectations, so, he was arrested for DUI. Most police officers are ill-trained and hesitant to differentiate mental illness from behavior caused by substance abuse. Routinely, police force odd pegs into the few slots with which they are familiar – this time, the slot was DUI. Prior to trial, Mr. Pierce , using the reports of Psychiatrist Joseph M. Ripperger, MD, and Forensic Psychologist Shawn Roberson, PhD, presented the Cleveland County DA with compelling evidence that DMC’s behavior was consistent with his mental illness and not consistent with acute intoxication. The District Attorney dismissed the case before trial.

Mr. Pierce filed pre-trial Motions to Suppress and Dismiss in both cases, asserting 1) that the police did not have the authority to stop BMZ since no officer observed BMZ break any law, nor could any officer articulate any suspicion that BMZ was breaking the law; and, 2) therefore, none of the criminal evidence that was gathered after the bad stop could be used against this couple. At a pre-trial hearing, the Judge agreed with Mr. Pierce that the stop was illegal, and suppressed all of the evidence against the couple. Whereafter, with no evidence to make its case, the State dismissed all charges against PLZ and BMZ. The police, also, had to give PLZ’s gun back to her. This, truly, is what you call “getting the case thrown out.”

The Oklahoma State Bureau of Investigation or OSBI investigated the crime and presented these charges to the DA’s office for prosecution. Trial lasted 4 days. Mr. Pierce presented the testimony of shooting reconstruction expert Edward E. Hueske of Denton, TX to show the most likely placement of the actual shooter (whom Mr. Pierce posited to be the defendant’s brother). Mr. Hueske’s presentation along with Mr. Pierce’s meticulous cross-examination of the state’s witnesses (including 3 so-called eyewitnesses), and his careful direct examination of CEB himself, resulted in not guilty verdicts on both charges after only 55 minutes of jury deliberation.

The man followed the culprit to a house and called the police who entered and found WLP with his friends (of similar skin tone and stature) playing video games in a back room. A street line-up was conducted in the dark of night resulting in WLP’s identification and arrest. At trial, the State presented its witnesses whom Mr. Pierce cross-examined vigorously, bringing out that the victim, during the line-up actually identified the boys as a group – not WLP as an individual, though only one person committed the robbery. Having ruthlessly attacked the eye-witness identification process, Mr. Pierce demurred to the state’s evidence mid-trial, and the judge dismissed the case, sending both WLP and the jury home.

The policeman, angered by the driver’s uncooperativeness, refused to acknowledge RMH’s assistance in the investigation. Mr. Pierce cross-examined the officer about his mistakes and inconsistencies in his reports, and the twisting of RMS’s statements into a confession to a crime that he did not commit. The jury found RMH not guilty in only 30 minutes.

His two step-daughters wanted to live with their biological dad and resorted to “nuclear” tactics when their mother said no. Mr. Pierce attacked the girls’ trial testimony with their prior inconsistent statements to family, counselors and detectives; whereas, twelve family members and friends testified to LCU’s character as a good and trustworthy father. Also, Dr. Ray Hand, PhD, testified about the potential unreliability of these kinds of accusations and the taint of slipshod investigative tactics. The jury completely acquitted LCU.

The stop, search and conversation between SS and her companion were recorded by the trooper-cam. The companion, a three time convicted felon, testified at trial that SS helped him package the methamphetamine and that she knew that she was transporting it. Mr. Pierce’s masterful cross-examination exposed the companions dubious character and complete unreliability as a witness. SS then testified that she had no knowledge of the drugs in the car and the jury found her not guilty.

At trial, Mr. Pierce revealed that the deceased, at the time he was shot, 1) was pointing his own gun at CH, 2) was known to use guns against even his “friends”, and 3) had five different drugs in his bloodstream. Having also pointed out that the shot pattern was consistent with CH’s account of simultaneously shooting and running scared, Mr. Pierce obtained a not guilty verdict by reason of self-defense.

These accusations spurred an overzealous police detective to conduct a well publicized series of investigations into PJA’s personal sex life. The “investigations” – all classic cases of shoddy police work – culminated in a media frenzy and three separate rape cases being filed against PJA. The second case filed was the first to be tried – alleging the 1st degree rape of a woman who claimed to be in an attorney-client relationship with PJA when she was made pregnant “without her knowledge and against her consent” in 1996. After forcing the charges down to 2nd degree rape, Mr. Pierce tried the case to a jury for four days. By vigorous cross-examination of the complaining witness, using her own medical records and her prior testimony to attack her credibility, Mr. Pierce won an acquittal for PJA in less than two hours of jury deliberation. The remaining cases were dismissed.

This prosecution was based on the victim’s identification of DKR. No physical evidence connected him to the crime. By thorough questioning and relentless demands for medical records, Mr. Pierce discovered, and proved at trial, that the victim was legally blind with glasses. Mr. Pierce also established that the victim had selected DKR from an improperly administered photo-lineup after being told that the defendant was her assailant. The jury found DKR not guilty on all counts.

JDT married into an already dysfunctional household consisting of a mother and two daughters. JDT established and began enforcing rules that encroached upon the 14 year old’s independence, and the power struggle culminated in accusations of sexual abuse. After the examination of many witnesses and an especially vigorous cross-examination of the teenager by Mr. Pierce, using DHS records, school records and her own diary to attack her credibility, the jury completely acquitted JDT.

Waived two-stage trial, admitted MLK’s prior convictions during jury selection and opening argument, then won an acquittal based mostly on the vigorous cross-examination of the sole eye-witness who was a self-professed drug addict.

The officers forced a foot chase and the “victim” wrapped his hand around MLK’s face and tackled him on the pavement. MLK resisted. Again, presenting the testimony of neurologist, Dr. Jonathon Pincus, plus that of Kansas City forensic psychiatrist Dr. William Logan, the jury heard a dual defense of not guilty or not guilty by reason of insanity. Mr. Pierce used the officers’ own reports and the leather glove of the “victim” as a basis of cross examination and closing, whereupon, the jury brought back a general verdict of not guilty.

In MLK’s defense, Mr. Pierce presented the testimony of America’s foremost expert in forensic neurology and a west coast expert in the effects of pepper spray. That evidence, combined with vigorous direct and cross-examination of numerous past and present jail personnel, resulted in an acquittal by the jury.

ALG, a 44 yr old alcoholic, was being continually harassed and threatened by a 17 yr old thug. ALG, having all he could take, shot the 17 year old with a gun that he had found earlier in a field. The concealing stolen property charge was dismissed by the judge. The jury found ALG guilty of shooting with intent to kill but refused to assess any further punishment against him as he had already spent eight months in the county jail awaiting trial. The judge granted the jury’s wish and released ALG on the spot and in front of the jury with no probation or additional jail time.

Obtained dismissal of 2 counts of rape after the presentation of state’s evidence and acquittal on all remaining counts by jury after presentation of defense.

Waived bifurcation by admitting prior convictions and was acquitted by a jury on both counts.

Obtained an acquittal by jury.

Besides racketeering, however, TDB was also tried simultaneously for eleven other crimes, including possession of cocaine, robbery by force, grand larceny and embezzlement. After 8 days of trial and the prosecutor’s admonitions for a lifetime of prison, the jury acquitted TDB of racketeering and everything else but one count each of robbery, larceny and embezzlement. TDB spent only 3 years and a month in prison.

After nearly three days of trial proceedings, and vigorous cross-examination of a self-professed “eye-witness”, CDB was acquitted after only 16 minutes of jury deliberation.

This was a landmark trial in Oklahoma for being the first pre-appeal jury acquittal using the battered wife defense after that defense was accepted by the Oklahoma Court of Criminal Appeals.

Conviction reversed by the Oklahoma Court of Criminal Appeals and sent back to the trial court where Mr. Pierce then obtained a full dismissal of the case.