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Child molest cases are among the most difficult cases to defend because many feel children do not lie about such serious events.  The client is presumed guilty from the beginning and rarely sees the light of day again after his arrest.  What is more, many defense attorneys refuse to take these cases because even they have trouble seeing how someone can be innocent of such heinous charges.  Qiana, however, does not shy away from a difficult case.  She attacks the case from beginning to end.  It is important to start defending these cases early and aggressively.  After receiving a late night tearful call from the client’s daughter, Qiana got out of bed, drove to the police station and made it clear the client was not talking.  She next investigated the case thoroughly and even filed a writ challenging a discovery ruling.  The next key was to pick the right jury.  Qiana used her psychology background to read the potential jurors and pick the best jurors possible.  This is no easy task because over and over, jurors said they had trouble believing a child would lie about sexual molestation.  Ultimately, Qiana went to work cutting holes in each witness.  With her calm demeanor, she masterfully riled up the children’s mother and showed her to be a liar. Then she went to work on the kids—two little girls ages six and nine who accused the client of having sexual intercourse with them.  After they cried on cue, Qiana dried those tears when she caught them in lie-after-lie.  Qiana crafted a case that overwhelmed the prosecution.  She started by calling an expert witness to testify about false allegations of sexual molestation and interview techniques that produce unreliable results.  She then called every family member she could while still having a courtroom full of supporters to demonstrate the client’s good character.  Each of the client’s four children testified, as well as a host of nieces and nephews including an accountant, a marine, stay at home mothers and students.  In the end, the case hung 10 jurors-2 in favor of acquittal in conservative Contra Costa County after several days of deliberations.  The client was facing life in prison if convicted of the crimes charged.  Qiana stood strong and forced the district attorney to offer a misdemeanor non-registerable offense and the client went home to his family after twenty months in-custody.  Contra Costa prosecutors almost never make these types of offers and most defendants typically get 50-400 year sentences.    

HUNG JURY IN LIFE CASE OF KIDNAPPING AND MULTIPLE VICTIME CHILD MOLEST

Legal Disclaimer: This site is for informational purposes only. No promise, guarantee, or warranty is either expressed or implied. The information provided should not be construed as offering legal advice or creating an attorney-client relationship with the reader. Past performance is no guarantee of future success in any other case. The attorneys in this firm are only licensed to practice in California and the 9th Circuit.

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