Our client was charged with Sexual Assault of a Child in Bell Co. after his stepdaughter made allegations of sexual abuse before he returned home from his final deployment abroad. Our client was a TSgt with the Air Force and was nearing his twenty years of service to this Country. He was highly decorated, had been deployed 9 times to active conflict zones, and supported some of the most dangerous and high-profile missions. But all that mattered little to law enforcement after they received the complaint from the 14-year-old, who claimed she had experienced ongoing sexual abuse from our client for years before the outcry. The law enforcement investigator believed the child and did little other than review a forensic interview and medical reports that included the child’s narrative and talk to the mom, who was already on the verge of filing for divorce. The investigator never attempted to interview our client to get his side of the story, despite conflicting statements in the initial reports and indicators that the child was acting out against discipline at home. At trial, it became apparent the allegations by both the mom and the complaining witness were false. Both exaggerated complaints about our client’s military-like parently style and alleged he was controlling and abusive. They made contradictory statements about significant details and demonstrably false statements about several facts, including a recently fabricated allegation that our client had confessed. Our client took the stand and directly answered all questions posed to him by a skilled and experienced prosecutor. He did so honestly, without minimizing or avoiding them. Thankfully, the jury agreed with our theory of the case and returned a not-guilty verdict after seven(7) long hours of deliberation. We have filed the motion for expunction, and in a couple of months, all records of this stressful part of his life will be erased, and this true American hero will be able to start his life anew with the legal right to say he has never been arrested.
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