After facing murder charges stemming from an event that took place in 2015, our client almost fell over when a judge at the 36th district court ruled that the case would be dismissed for lack of evidence. Michigan defense attorney Chris Kessel was thrilled with the result, as he walked out of the courtroom with his client’s family.
The charges had actually been issues once before, back in 2015, but had been dismissed because a witness failed to appear. When the case was reissued our client was plucked from his home and dropped into the Wayne County Jail, not fully understanding what had happened. Several witnesses testified at the preliminary exam, though none of them could say that our client had been driving a vehicle at the time the vehicle was involved in a fatal crash. However, unlike the first time the case was brought, the prosecution presented an additional witness who testified that someone had told him that the client was seen driving an automobile that was involved in an accident. However, because the witness, an EMS worker, could not identify who spoke to him or describe the manner of the statement, Detroit defense attorney Chris Kessel objected to the statements as hearsay.
At the end of the exam the judge took the extraordinary step of ordering the transcript of the hearing so that he could determine whether or not the new witness could support the renewed charges of murder. After several week of consideration, the judge ruled that the new witness could not sustain the reissuance of the charges and the case as dismissed.
Murder and Assault charges are often fueled by emotional and hostile witnesses. More often than not, a verdict will hang solely on the testimony of a complaining witness. The means that you need an attorney who is skilled in the art of cross examination, who can force a witness to admit things that may contradict earlier statements, police reports, hospital records, and other witnesses. Other times a case will turn on what the defendant’s intent was during the alleged assault. It can often times be difficult if not impossible to prove what someone’s intent was. At Nessel and Kessel Law, we have the experience needed to persuade a prosecutor, judge, or jury that you did not have the necessary intent to convict.
If you or a family member has been changed with an assaultive, contact the defense lawyers at Nessel and Kessel Law today.