Commonwealth v. T.O.; January 2007

Commonwealth v. T.O.; January 2007

Outcome: Not guilty of attempted murder, robbery, burglary and firearm charges after jury trial. T.O. was facing a 5-10 year mandatory sentence but would have received much more based on the extremely violent nature of the offense if convicted. Instead, he was released from prison and received no penalty based on his acquittal.

Description: A victim alleged that two strangers, T.O. and his co-defendant, broke into his apartment, shot the victim multiple times, stole items from the house and later tried to sell the stolen items. The Commonwealth presented crime scene evidence of a bad shooting scene inside of the victim’s house. But, Mr. Fishman cross-examined a very suspect complaining witness as to the surrounding circumstances of the alleged incident. In addition, Mr. Fishman was able to establish that T.O. was not a stranger to the victim but actually had previously resided in the apartment where the incident allegedly occurred. It was clear to the defense and obviously to the jury that the victim could not be believed and the jury returned verdicts of “not guilty” on all charges.