St. Lucie County Sexual Battery Attorney Wins Acquittal
June 2021 the St. Lucie County Sheriff’ Office arrests a man and charge him with Sexual Battery and Battery by Strangulation. Conviction of sexual battery alone could result in imprisonment of up to 15 years, and the State later added an additional charge of aggravated battery, a 2nd degree felony punishable by a maximum prison of an another fifteen (15) years!
The accuser is the man’s wife who, during a pending contentious divorce, claims she’s been attacked and raped at the beach while on a public walkway. His wife also claimed she’d been punched in the face just prior to the rape.
Upon the advice of a good friend, the man immediately sought counsel and retained Stephanie McEnery. Upon counsel’s advice, the man elected to not make any statements to law enforcement investigating the case. As in many cases, the decision to remain silent proved critical to the outcome of the case.
Defense and Trial
Attorney McEnery was able to quickly persuade the trial court to reduce the man’s bond. He’s immediately released from jail.
The wife also filed for an “injunction,” (commonly known as a restraining order). Stephanie McEnery represented the Defendant at the injunction hearing as well, and through cross examination of the wife obtained invaluable information which greatly assisted the man’s criminal case. McEnery already had brought in an experienced Investigator to collect evidence which otherwise would have been lost forever due to the passage of time
Because of the wife’s baseless allegations, the man was Court-ordered not to see his own daughter!
Attorney McEnery recruited and assembled the team that would assist her at the trial, including a blunt force trauma expert in addition to the investigator she’s already brought on board. The blunt trauma expert determined the wife was injured after photos were taken at the scene by law enforcement, and before the police took additional photographs, later on in the investigation.
The man was at a disadvantage in his pending divorce and custody case due to the pending criminal matter, which was being delayed by the State. It was imperative the criminal case be resolved first, in order for the man to obtain a fair result in the divorce.
There was only one (1) way for Atty McEnery to ‘accelerate’ the criminal case to trial, and after discussing the man’s options with him, she took the extraordinary step of filing the motion most-dreaded by the State of Florida—-a Demand for Speedy Trial.
Filing the ‘Speedy’ demand would assure that the criminal case would get to trial within less than two (2) months. The State began disclosing additional witnesses and evidence, (which typically would delay the case) but Atty McEnery and her client would not be deterred and insisted on proceeding with the Speedy Trial Demand.
Part of McEnery’s trial strategy included using multiple, extra-large easels and notepads during the cross-examination of virtually all of the State’s witnesses, in order to ‘track’ the various inconsistencies in their testimony. The State vigorously objected to these items being entered into evidence, but Stephanie was able to persuade the court to allow her to continue utilizing her strategy as a demonstrative exhibit; thus revealing to the jury the inconsistent and divergent stories the government’s witnesses were telling.
After consulting with Ms. McEnery, the man elected to take the stand and testify and explain to the jury the facts the State of Florida had not revealed, including details of the pending divorce, the mutual infidelity in the marriage, and the heated discussion they’d had immediately before the wife attacked him, as she’d done in the past. The man merely put his hands up to defend himself when his open palm unintentionally made contact with her nose. The government was unable to attack the Defendant’s credibility—likely the result of his early decision to invoke his 5th Amendment right to remain silent.
The Defense expert testified about the relatively small amount of force required to fracture a nose. She also reviewed photographs of the man’s hands taken after the incident, concluding the appearance of the man’s hands was inconsistent with the ‘punch’ the wife claimed to have occurred.
Attorney McEnery used the wife’s inconsistencies, the Defendant’s and the Expert’s testimony, as well as medical records to cast doubt on each of the charges. During closing argument, she was able to visually demonstrated the State’s witnesses’ inconsistencies to the jury.
Following two (2) days of trial, the jury retired to deliberate late in the evening. They returned the next day to continue the deliberations before rendering “NOT GUILTY” verdicts in all of the charges.
The case required knowledge, resourcefulness, creativity, a willingness to fight, and fight hard, as well as a client smart, strong and willing enough to strictly follow his counsel’s advice. In sum, retaining Stephanie McEnery secured the man’s freedom—freedom from his wife’s false claims and the State’s egregious decision to first charge, and then continue to pursue the case against him.
Hiring a St. Lucie County Sexual Battery Attorney
Stephane McEnery reminds us that while a charge of sexual battery is extremely serious, the charge is in fact defensible, provided the wrongfully accused seek and acquire the help of an experienced and dedicated criminal defense attorney. ‘Timing is everything.’ It is crucial to obtain an attorney as early as possible in the process.. Often these cases are associated with civil injunctions, and being represented by the right attorney at the injunction hearing as well, can have a critical impact upon the criminal case. A talented and experienced attorney also can ensure the right investigators and experts are assembled to round out the defense team.
Ms. McEnery states, “Our dedication, creativity, and hard work ensure the government is held to their burden of proof, and client’s lives are not indefinitely placed ‘on hold’.”
If you are facing a similar legal situation, contact Kirschner & McEnery Law Chartered at (772) 489-8501 to request a consultation.
