not guilty

Client found not guilty of all charges.

Yesterday, at the Third Circuit court in Detroit, our client let out a sigh of relief as the jury foreperson read the verdict.  Our client was found not guilty of felonious assault, a 4 year felony, and malicious destruction of property, a misdemeanor.  The complaining witness was actually the uncle of our client, with whom the entire family has been feuding for years. 

The allegations were that our client went over to the complaining witness’s home with a bat and a rock and began yelling at the complainant.  It was then alleged that our client threw the rock at the witness and then swung that bat at him, damaging his vehicle.  During cross examination, defense attorney Chris Kessel was able to confront the witness with his conflicting versions of events.  In one instance, he claimed that he needed an ax to defend himself.  By creatively using the rules of evidence, Chris was able to show the jury that the first time he told this story to police there was no mention of an ax, nor was there any statement about seeing the client throw the rock.  Later, during cross examination by criminal defense attorney Chris Kessel, another witness admitted that damage that was alleged to have been done by out client had been done months ago.

Assault cases almost always rest solely on the testimony of eye-witnesses.  At Nessel and Kessel Law, we have the necessary skill and experience to cross examine these witnesses and find the holes and cracks in their story, thereby allowing us to expose the lies and fabrications in their story.  At Nessel and Kessel Law, not only do we know the law and how to use it to your advantage, but we know how to expose witnesses who are being less than honest.

Regardless of the issue, if you’ve been charged with an assaultive offense in the State of Michigan, you need a top criminal defense attorneyContact Nessel and Kessel Law today if you or a friend or family member has been charged with any crime.  

 

 

Client Found Not Guilty Of All Charges

Client acquitted on all charges.

Criminal defense attorney Chris Kessel patted his client on the back as she in tears while the jury foreperson read the verdict.  After what must have seemed like an eternity (approximately 4 months), the nightmare was finally over.  Our client had been found not guilty on charges of Felonious Assault, Domestic Violence, and two counts of Malicious Destruction of Property.  It took the jury an entire 15 minutes to reach their verdict…though to be fair, they were not given a verdict form until approximately 10 minutes into the deliberation. 

The charges stemmed from allegations made by the “victim” that Mr. Kessel’s client had punched and scratched and thrown a heavy dinner plate and a large stick at him, all of which caused several cuts and bruises.  After that, the “victim” said that our client broke several windows and caused extensive damage to “victim’s”.  Our client claimed that the only injuries that her (now) ex-boyfriend sustained we as a result of her defending herself against his attack.  During cross examination, defense attorney Chris Kessel pummeled the complaining witness with all of the changes in his story.  The ex could not keep straight from where he had been before he came home, what damage had been done to his car, how our client had sustained injuries to herself, and even how many children he had in common with our client…the answer of which is actually zero.  At one point, while Mr. Kessel questioned the complaining witness, the judge, jury and audience burst out into laughter at some of the explanations given for the inconsistencies. 

The mood turned serious as Mr. Kessel’s client took the stand.  She testified how the “victim” had been abusing her for years while the two had been in a relationship.  She described, through tears, how the “victim” had come home intoxicated and began yelling at her.  When she told him she wanted to leave him, the verbal assault became a physical one, as he cut her wrist and knocked a tooth out.  Our client even brought the short she had been wearing, covered in blood, to show where she had bled after she had been attacked.

Thankfully the jury was able to see the sincerity in the client’s face.  When contrasted against the ridiculous story of the “victim”, as shown by attorney Kessel, there was no doubt in the jury’s mind. 

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.  

Client Found Not Guilty of CSC 1 (Under 13)

After Re-Trial Defendant Found Not Guilty.

After less than a day of deliberation, a jury returned a “not guilty” verdict for the client of criminal defense attorney, Chris Kessel.  The client was charged with one count of CSC – 1st under 13; meaning that the alleged victim was under the age of 13 at the time of the alleged assault.  It was alleged that the client had woken up his 11 year old niece in the middle of the night, took her into his bedroom, and raped her.  The was based almost exclusively upon the testimony of the complaining witness, who made the allegations.

The case had actually already been tried once, with the jury unable to reach a verdict.  At the end of the previous trial the jury was deadlocked at 11-1, for guilty.  After the prosecutor’s office decided to re-try the case, the family of the client reached out to Chris Kessel to ask him to represent the client.  The trial lasted three days, during which Chris Kessel carefully and meticulously took apart the complaining witness’s story; piece by piece.  The girl had told a number of differing versions of the event, each differing from the other.  Some of the differences were significant, while others were more minor.  However, after cross-examination, it was clear that the young girl was not being truthful.  In fact, when confronted with one of the version of the story, even she was forced to admit that what she had previously stated “didn’t make any sense.”

Even with the multiple holes in her story, the prosecution argued that because the client had previously been convicted of a CSC – 1 under 13, he was predisposed to this kind of activity.  Thankfully, Chris Kessel was able to tease out testimony from the complaining witness’s sister that both of them knew that the client had been convicted of this crime over 20 years ago…making him an easy target for the lie.

Cross-examining a 12 year old girl about an alleged rape is not something you learn over night.  It is something you learn with countless hours of study and experience.  Criminal Sexual Conduct cases are not cases that just any attorney can handle.  It takes an experienced criminal defense attorney, who knows what buttons to push and when to push them, to successfully defend against this type of charge.

If you or a family member has been charged with allegations of criminal sexual conduct, contact Nessel and Kessel Law today.

 

The OWI Trial and the Not Guilty Verdict

If you ask any criminal defense attorney, they will tell you that OWI (Operating While Intoxicated) charges are some of the toughest to beat.  The witnesses are, almost always, police officers.  The physical evidence is often scientific in nature; i.e. blood tests or BAC measurements that were conducted by machines.  And generally, people detest people who drive drunk.  Yet despite all that, in the district court for the city of Highland Park, Chris Kessel was able to achieve a not guilty verdict in a trial where he fought against police officer testimony and scientific evidence. 

Our client was stopped by a member of the Highland Park Police Department at approximately 1:30am.  Based on the stop, the client was charged with OWI and Possessing a Firearm while Intoxicated.  The latter charge, if convicted, carried a punishment involving forever losing the client’s CPL.  

According to the officer, the client had run a red light, almost lost control of the vehicle, almost hit the officer, attempted to evade the  officer, run a stop sign, and had parked his car on the sidewalk…all in that order.  The officer then claimed that our client had glassy eyes, slurred speech, that he had failed several field sobriety tests.  All of these claims were made by the officer in his police report and during his testimony at trial.  The officer also testified that, upon reaching the police station, the client blew a .11 into the DataMaster.  The legal limit in Michigan is .08. 

However, like most officers, he did not count of having to defend his claims in open court, against the scrutiny of intense cross examination, and in front of a panel of jurors. 

During cross examination, Chris Kessel asked why the officer did not activate his emergency lights after the client ran a red light and almost hit the officer.  The officer had no explanation.  Chris then asked why did the officer not activate his lights when the client began to try and evade the officer.  Again, the officer had no explanation.  Chris then asked why the officer did not activate his lights after the client ran a stop sign.  You guessed it, the officer had no explanation.  Making matters worse for the officer was that he did not know that the client had a surveillance camera outside his house, showing that the client parked on the street and did so on his own, without being stopped by the officer.  When confronted with the video, the officer began to panic.  When asked by Chris why he would say the client parked on the sidewalk when he clearly parked on the curb, the officer replied “I’m from Trinidad and Tobago.  The words ‘sidewalk’ and ‘curb’ are interchangeable.”  The final question asked was “if those two words are interchangeable, why, in your report, did you say my client moved from the curb to the sidewalk…?”  The silence following the question seemed to last minutes.  The officer had no answer. 

In his closing, Chris Kessel argued to the jury that if there were 7 distinct points in the officer’s story that either defied common sense or could be proven as lies, how could you prove “beyond a reasonable doubt” that the same officer correctly and honestly operated the DataMaster. 

After less than 20 minutes, the jury came back with  a not guilty verdict. 

The art of cross examination is one that is finely crafted over years and years, and after conducting many, many jury trials. When you retain the law firm of Nessel and Kessel Law, you are ensuring yourself of representation of the highest caliber.  The criminal defense attorneys and Nessel and Kessel Law have the experience and knowledge to make sure your rights are protected.  Especially  in a case where it is your word against that of the police, you need an attorney who can ask the right questions and get the right answers.  Don’t be fooled into thinking any attorney can handle your case because they have some experience in the realm of criminal defense law.  The ability to execute a thorough and effective cross-examination takes years of practice to perfect.  When you retain a criminal defense attorney at Nessel and Kessel Law, you get an attorney who knows exactly how to get what the want from an adversarial witness. 

 

 

Not Guilty Verdict for Dana Nessel

Criminal defense attorney scores another Not Guilty

A sigh of relief was heard in Frank Murphy as criminal defense attorney Dana Nessel earned another not guilty verdict for her client last week.  The client was charged with felonious assault and felony firearm.  The felony firearm count carried a mandatory 2 year prison term.  The felonious assault charge carried a maximum of 4 years in prison, though it is likely that the client would have received probation.  The case was based solely upon the testimony of two security guards who worked at a local venue in the city of Detroit.  Not only did the verdict mean that a mandatory prison sentence was avoided, but it paved the way for possible civil litigation against the venue.

The case came about as a result of a confrontation in downtown Detroit in January of 2014.  Dana Nessel’s client was driving his vehicle down Woodward Ave., when the vehicle was struck with snow from a snow blower that was being operated in front of the local venue.  The operator of the snow blower actually struck the client’s vehicle again when he (the client) slowed down.  Eventually, the client got out of the car the confront the man (the complaining witness) about his having blasted the client’s car with snow.  Words were exchanged, followed by the appearance of another man who worked at the venue.  A physical altercation nearly ensued, but the confrontation ended when both the client and the second man (the second complaining witness) pulled their firearms.  After the client left the scene, he called the police.  However, he was forced to call the police several times until he realized that no one from the Detroit Police Department would take any action.  Unfortunately, the complaining witness also called the police, leading ultimately to the client’s arrest.  Thankfully the client’s next call was to the Michigan criminal defense attorneys at Nessel and Kessel Law.

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Attorney Chris Kessel Secures Not Guilty Verdict on Murder Charges

Client acquitted on Felony Murder and Second Degree Murder Charges

Michigan criminal defense attorney Chris Kessel’s jury returned a not guilty verdict on felony murder and second degree charges that were brought against Mr. Kessel’s client.  The verdict came down after a two week trial which featured more than 20 witnesses and over 90 pieces of evidence.  The alleged homicide took place after a robbery that “went wrong” according to the prosecutor. 

Mr. Kessel’s client was alleged to have been a member of a 7 person crew that committed a robbery on the East side of the Detroit in the summer of 2012.  According to the prosecutor, Mr. Kessel’s client and several other young men planned to rob a home for – depending on which witness you believed – money, guns, pills, video game systems, and other various property.  After the robbery took place, the men were exiting and encountered a man calling the police, who was then shot.  Almost immediately after the shooting, one of the suspects was taken into custody and immediately cut a deal with the prosecution.  Soon after a second suspect was also taken into custody.  The case against Mr. Kessel’s client began to form around the information provided by the suspects who were  first taken into custody.  Despite the shooting taking place in August of 2012, Mr. Kessel’s client was not taken into custody until the Spring of 2013. 

The collection of evidence continued for months and  trial did not begin until the middle of June, 2014.  The prosecution’s case was separated into three segments: police witnesses, civilian witnesses, and co-conspirators.  The prosecution began by calling several officers who arrived at the scene and collected various pieces of evidence, including ballistic remains of bullets that were fired after the robbery.  After cross examination, it was revealed that none of these witnesses were able to connect any of the evidence to Mr. Kessel’s client.  The second group of witnesses, the civilians, were comprised of some actual witnesses to the actual shooting and robbery.  Some of these witnesses testified that they witnessed the shooting.  However, again, none of these witnesses were able to point to Mr. Kessel’s client as the shooter.  

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Client Acquitted of First Degree Murder

Chris Kessel Secures Not Guilty Verdict

The client was in tears as he and criminal defense attorney Chris Kessel listened to the jury foreman read the verdict.  Not guilty verdicts were read as to all three of the charges against the defendant.  Along with first degree premeditated murder, the client was found not guilty of felony firearm and felon in possession of a firearm.  The charges stemmed from a shooting that took place in Detroit in August 2013. 

Detroit defense attorney Chris Kessel’s entire theme of the case was that when you make a very specific description of clothing, the actual clothing better match that description. The prosecution’s case rested almost solely on the testimony of one witness; an eye-witness to the actual shooting.  The witness testified that she saw the shooting from her home, and that she had a clear view of the shooter, who was wearing a green hoodie with white writing across the chest and no zippers.  While she was unable to see the face of the shooter, after being shown surveillance video from a nearby gas station, the witnesses picked out the defendant and claimed that he was the shooter. 

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Chris Kessel Secures Not Guilty Verdict

Top Detroit Defense Attorney Gets NG

At a trial before Judge Gregory Bill at the Wayne County Circuit Court, Chris Kessel, top Detroit defense attorney, was able to secure a not guilty verdict for his client.  The client, KA, was charged with malicious destruction of property and arson – 4th degree.  The client was potentially facing potential prison time as well as a several thousand dollar fine.

The prosecutor’s case was based upon the complaining witness testifying that they actually saw the client burning their property, specifically her car.  After intense cross examination by Chris Kessel, the witnesses was forced to admit that she never actually saw the face of the person who she believed burned her car.  Further, she was also forced to testify that when she actually the person running away from the vehicle, the person was several houses away and was running through shadows.  Eventually, the witness was left with no choice but to admit that even though she believed that the person who damaged her car was the defendant, she could not say for sure.  After hearing all of the evidence, Chris Kessel explained to the judge that there was no evidence that anyone actually saw the client commit any crime.  Judge Bill was left with no other choice but to find the client not guilty. 

Knowing the right questions to ask when cross-examining a witness only comes when you know the law and have court room experience.  The experienced Michigan criminal defense attorneys at Nessel and Kessel Law have a full and comprehensive knowledge and understanding of the law in Michigan.  You should expect nothing less from p Detroit defense attorney, Chris Kessel.  If you or a loved one has been charged with a crime in Michigan, contact the defense lawyers at Nessel and Kessel Law for a free consultation.  

Client found Not Guilty of CSC 4th thanks to Detroit defense attorney

Detroit defense attorney helps completely acquit client.

In the Third Circuit Court, before Judge Richard Skutt, Detroit defense attorney Dana Nessel helped to secure a complete Not Guilty verdict for her client.  The client was charged with two counts of Criminal Sexual Conduct – 4th Degree, Indecent Exposure, and Assault & Battery.  The charges stemmed from allegations that took place in Brownstown, Michigan.  The claim was the our client, a female, began to grope another female co-worker.  It was further claimed that our client exposed herself to several people in the group.  These actions allegedly lead to a verbal and then physical altercation while the parties were still in the bar.   

Our client was adamant that she was innocent of the charges brought against her, thus the case was scheduled for trial.  The prosecution called several witnesses to support the allegations made against our client.  Being a top Detroit defense attorney, skilled in the art of cross examination, Dana Nessel soon had several witnesses conflicting with each others’ stories.  One of the witnesses actually almost broke down in tears when it became painfully obvious to all in the courtroom that she was simply making up facts as she went along.  Continue reading “Client found Not Guilty of CSC 4th thanks to Detroit defense attorney” »