Commonwealth v. M.N.; January 2012

Commonwealth v. M.N.; January 2012

Outcome: Not guilty of rape and related charges following a bench trial.  M.N. was facing at least 5-10 years of state incarceration if convicted of rape and lifetime reporting under Megan’s Law.  Instead, he received no penalty after the acquittal and all charges have since been expunged from his record.

Description: The 13-year old daughter of M.N.’s girlfriend accused him of sexually assaulting her on multiple occasions.  She was interviewed by police and the Philadelphia Children’s Alliance.  In addition, she testified at a preliminary hearing concerning the multiple sexual attacks at the hands of the defendant. As a result, M.N. was charged with rape, involuntary deviate sexual intercourse, endangering the welfare of a child, corrupting the morals of a minor and related offenses.  Mr. Fishman cross-examined the complainant regarding the multitude of inconsistencies in her many statements.  Following the final witness, the judge indicated that he did not need to hear closing arguments from either attorney and immediately found M.N. “not guilty” of all charges.  All charges were expunged off of his record.