Our client was arrested after his step-daughter’s friend made an accusation that he inappropriately touched her while she was having a sleepover at his house one night. Our client immediately provides the police with a waiver of his miranda rights. He also voluntarily speaks to them about everything he remembers from that evening. The detectives interview our client for nearly an hour, and he answers all of their questions until they no longer had anything to ask him.
A forensic interviewer conducts an interview with the young girl. She claims that the inappropriate touching happened in the hallway, in front of our client’s stepson’s bedroom. When the interviewer asks whether the stepson could see, the young girl says she is certain he could not see. She says she knows this because his door was shut.
Attorney Pidani represented our client at trial. In preparation for trial, Attorney Pidani carefully reviewed the interview of the young girl, as well as the stepson. The focus of the investigation was on the stepson. Attorney Pidani’s primary concern was making sure the jury had a chance to listen to the stepson’s side of the story. Equally important was highlighting the fact that the prosecution did not call the stepson as a witness.
. . . because I don't have a door.
Attorney Pidani’s first witness at trial was the stepson. The young boy’s memory was still very fresh about that night. Attorney Pidani asked him whether he saw anyone in the hallway that night, and just as he said during his initial interview, he replied “no.” When Attorney Pidani asked him how he could be so sure that his door was not shut, his response was “because I don’t have a door.”
Attorney Pidani then proceeds to have the boy identify photographs of his room. The photographs clearly depict the entrance to his room and the bare hinges where his door once was. Before the jury begins their deliberations, Attorney Pidani once more urges the jury to ask themselves why the prosecution did not want them to hear from one of the only other witnesses who was in the house that night.
After deliberating for approximately one hour, the jury found our client not guilty of Indecent Assault & Battery on a Child Under 14 (a felony punishable by up to 10 years in state prison, which also requires registering as a sex offender).