Attorney Greene Wins Trial Involving 22 Counts & Multiple Alleged Victims of Child Sexual Abuse

SAN DIEGO - Nov. 19, 2013 - PRLog -- A recent client of San Diego Criminal Defense Attorney Daniel F. Greene faced 230 years to life in prison due to allegations that he sexually abused two young girls over an extended period of time. With prosecutors presenting various types of evidence against the defendant--including DNA evidence, medical evidence, testimony and more--it appeared there was a strong case against the accused man. This, however, neither stopped nor deterred Attorney Greene--of The Law Offices of Kerry L. Armstrong, APLC--from protecting his client’s rights and, effectively, saving his life. Using diligent preparation, trial skills and employing an effective defense approach, Greene was able to successfully defend against these heinous allegations that are always extremely difficult to overcome in our society and criminal justice system.

The defendant had been accused of molesting two young girls (sisters) who lived in his neighborhood. One girl was 6 years old; the other, 10. The accused man is a single father of four children who were between the ages of 6 and 10 at the time of the case. Due to the allegations, Attorney Greene’s client was initially charged with 10 counts of California Penal Codes §288.7(a) and (b), and with other charges falling within §288(a). These are sections of the legal code that describe acts by adults of sexual intercourse and other sexual acts committed against young children. These charges include elements of force and conduct committed for the purposes of sexual arousal and gratification.  Following his preliminary hearing, the defendant was charged with an additional eight counts based on new evidence that has surfaced.  At that time, he was facing 200 years to life in prison. More (new) information surfaced during the jury trial, itself, which resulted in an additional 30-years of prison exposure, bringing the maximum possible prison commitment to 230 years to life.

According to the claims made by the alleged victims and their family members, the six-year-old girl’s oldest sister (who is not one of the alleged victims) told her mother she saw the defendant in the same bed with the younger girl. The 6-year-old initially denied being touched by the man but later changed her story and said that she had. Following this disclosure of abuse, the third sister, a 10-year-old, also disclosed sexual abuse, saying the defendant had been molesting her, too, and to a greater degree, for the previous year and a half. She reported acts of sexual intercourse, oral copulation, sodomy, lewd acts, touchings, etc.

After both of the alleged victims underwent medical and forensic examinations, it was determined there was a half centimeter tear to the 10-year-old girl’s anus, a fact that led the prosecution’s expert doctor to the conclusion that the claimed acts of abuse were true. The girls were forensically interviewed and the 10-year-old drew a picture depicting details from the alleged sexual encounters. The defendant continued to deny the allegations. His case was further complicated due to DNA findings also purporting to substantiate the alleged victims’ claims.  This DNA was said to be that belonging to the 6-year-old and was located under the defendant’s fingernails, on his finger tips and on his genitals.

The trial lasted approximately three weeks.  Prosecutors and Attorney Greene went head-to-head battling for their respective positions.  The case took a new direction after the 10-year-old made a questionable statement to a paralegal who worked for the District Attorney’s office. After completing her testimony before the jury, the girl asked the paralegal who the jury was and whether they were there to decide if she was telling the truth. When the paralegal said they were there to listen to all the witnesses, the girl responded by asking, “What if I wasn’t telling the truth?” The prosecution passed this information over to the defense. As a result, both the paralegal and the girl were called to testify in a special hearing concerning the matter before the jury. Attorney Greene had taken various actions to provide his client with aggressive and effective defense in the child sex abuse case. He hired his own DNA expert, a expert forensic nurse in sexual assault cases, and a child psychologist to explain why children may lie about or misrepresent information in these types of cases.  He cross-examined the alleged victims for hours and delivered a strong closing statement.  In the end, after spending one and a half years in custody leading up to trial, the defendant was vote not-guilty on all 22 counts and released immediately and directly from the court house to return to his family and civilization.

The Law Offices of Kerry L. Armstrong, APLC provides cutting-edge defense for individuals throughout San Diego, California who are facing all types of criminal allegations. With nearly three decades of legal experience on their side, the firm’s attorneys have taken cases to trial almost 100 times, and they have even handled murder trials. The legal team includes lawyers who have been named top attorneys in the San Diego area. The Law Offices of Kerry L. Armstrong, APLC is available to receive calls 24 hours a day. Additional information about the law firm is available at http://www.sandiegodefenselawfirm.com.