Commonwealth v. L.D.; February 2008

Commonwealth v. L.D.; February 2008

Outcome: Not guilty of domestic aggravated assault and related charges following a jury trial.  L.D. faced a certain state sentence based on his prior record and the injuries to the complainant.  Instead, L.D. was released from prison and faced no penalty following his acquittal.

Description: L.D. was at his ex-girlfriend’s house with his brother and another individual when an argument ensued.  The victim claimed that L.D. repeatedly struck her causing serious bodily injury and then proceeded to break her window.  Based on these allegations, L.D. was charged with domestic aggravated assault, criminal mischief and related offenses.  Mr. Fishman diligently cross-examined the complainant as to the events of the evening greatly calling into question her credibility.  In addition, Mr. Fishman took a risk by calling L.D.’s brother who was incarcerated upstate at the time of the trial to testify as to his observations.  The defense witness corroborated Mr. Fishman’s theory of the case that the complainant was lying about the incident and was heavily intoxicated.  The jury found L.D. “not guilty” of all charges.