Attorney Neil Anderson won a trial April 13 in Clark County District Court. Surprisingly, he was assisted by a witness called by the prosecution whose testimony ended up helpful for the defense.
Anderson’s client was charged with fourth-degree assault domestic violence, a gross misdemeanor, for allegedly pushing his wife to the ground at their residence. Prior to the alleged altercation, the client and his wife were at a friend’s home. The friend testified at trial that he saw Anderson’s client angrily chase his wife and try to hit her, much to the shock of witnesses. The alleged victim also recounted the events for jurors, claiming her husband was holding their baby’s car seat (with the baby in it) and trying to hit her with it while at the friend's home.
Everyone agreed that Anderson’s client was the first to leave the friend's home. The wife and friend testified that the wife soon followed and went home.
During closing arguments, Anderson asked jurors to consider if the wife’s decision to follow her husband made any sense. If his client had really been so angry, why would she follow him home?
At their residence, the wife called her mother and asked her for help. Her mother told her to hang up and call 911. Her mother testified that she called her son-in-law after getting the call from her daughter, and could tell he was upset.
With no witnesses to the alleged assault, the jurors had to carefully consider everyone’s credibility. And this is where the prosecution’s witness (the couple’s friend) came in handy. During his cross-examination of the state’s witnesses – his client’s wife, mother-in-law and friend -- Anderson asked each one if the wife has dated the friend since the alleged assault. The wife said no, the mother-in-law said she couldn’t say and the friend, after trying to dodge the question, said yes, he and the alleged victim have been out on of few dates.
Jurors deliberated 30 minutes before unanimously voting not-guilty.
While Anderson’s client was acquitted of the assault charge, he was convicted of bail jump for missing a pre-trial court appearance. He received credit for time he'd served in custody immediately after his arrest.
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