Initially labeled a home invasion, the client was indicted on Attempted Murder, Robbery in the First Degree, 2nd Degree and 3rd Degree, two counts of Assault 2nd Degree and Criminal Possession of Stolen Property.
After a five day trial, the jury deliberated less than three hours and found the Defendant not guilty on all counts.
Crucial to the acquittal was: the decision to have the Defendant testify on his own behalf, the critical cross-examination of the complainant and her daughter, and the vital cross-examination of the Prosecutor's medical expert.
The trial was had in Rensselaer County Court in Troy, New York.
In closing, the defense surmised that if the Defendant, who stood all of 6'8", "actually wanted to kill the complainant, she would be dead today."
Three hours later, the jury agreed and acquitted the Defendant.
After the verdict, Mr. Swedick brought his client to the local bus station and bought him a ticket home to Virginia, where his wife and two kids were waiting for him.
Client was indicted with four counts of Burglary in the 2nd Degree, Class C violent felonies, and one count of Conspiracy, a Class E Felony.
Mr. Swedick submitted a substantial, thoroughly researched Omnibus Motion after arraignment which argued the insufficiencies of the Indictment and the defective presentation to the Grand Jury by the District Attorney.
After reviewing the motion and the People's response, the County Court agreed with Mr. Swedick and dismissed the full Indictment against the Defendant.
Location: Rensselaer County
Prior results do not guarantee a similar outcome.