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STATE V REITZEL: 2 COUNTS BATTERY, (ADA COUNTY)
Not Guilty
In 2006, Ms. Reitzel had been in a dispute with her sister and her mother.
On the day in question, she wanted to see her nephew and his child, so
she met the two at POJOS in Boise. Unbeknownst to her, the sister and
mother showed up uninvited. A dispute broke out and eye witnesses claimed
that Ms. Reitzel pushed her seventy four year old mother multiple times,
causing her to fall to the ground and sustain multiple injuries. The sister
then followed Ms. Reitzel outside and claimed Ms. Reitzel battered her
as well. Charges were filed, and Ms. Reitzel left the jurisdiction. In
2014, she contacted Bublitz Law and said she wanted to take care of her
legal issues. We spoke with her husband who had a different account of
what took place that day. He indicated he did not see Ms. Reitzel push
her mother, but rather Ms. Reitzel was trying to prevent her mom from
grabbing her son and inadvertantly fell as a result. The State evaluated
the case and agreed to DISMISS the battery charge against the sister,
but proceeded to jury trial on the alleged battery of Ms. Reitzel's
mother. All witnesses from both the State and the Defense were equally
credible and equally believable. We told the jury that under one theory
Ms. Reitzel was guilty and under the other she was not criminally liable.
However, when both sides are equally believable, you cannot flip a coin
to decide someone's fate (the State bears the burden of proving the
guilt of an accused). The jury agreed. NOT GUILTY
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STATE V SANFORD: FELONY RAPE, FELONY RAPE, FELONY ATTEMPTED RAPE (ADA COUNTY)
Not Guilty
In 2016, Mr. Sanford was enjoying an evening out with his friend from Seattle, when he ran into a old buddy (and his wife) at a local bar. After hanging out at the bar, they proceeded to go to the local friends house for drinks and relaxation. Sometime in the early morning hours, Mr. Sanford decided to go to bed (same bed where his friend's wife had fallen asleep). The Wife alleged Mr. Sanford had forced himself upon her and she called 911. Mr. Sanford was questioned, and after an investigation by law enforcement, they decided to charge Mr. Sanford with Rape. Furthermore, during Mr. Sanford's interview he had brought up similar accusation stemming back to 2011, 2012. As a result, the State Indicted Mr. Sanford on separate counts of Rape from 2016, 2012, and an Attempted Rape allegation from 2011 (both in 2011 and 2012, Mr. Sanford was investigated for misconduct by law enforcement, but never formally charged). The State attempted to try all 3 counts together, but Mr. Bublitz filed a motion to sever the counts with the court (as well as filed a motion to dismiss the indictment, which proved unsuccessful). The Judge ultimately agreed with Mr. Bublitz, and severed the counts.
The 2016 allegation proceeded to trial. The jury heard the testimony, as well as video evidence (there was a video recording of the incident) and concluded that any and all sexual contact was consenual and found Mr. Sanford NOT GUILTY. Due to the weakness of the Attempted Rape case standing on its own, the State agreed to dismiss the charge. After spending a year in jail, on a $500,000 bond, and the fear of facing another Rape trial, Mr Sanford agreed to plead to a misdemeanor disturbing the peace on the remaining Rape allegation. In exchange for his plea to misdemeanor disturbing the peace, the state agreed to release Mr. Sanford.
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STATE V. APODOCA: DOMESTIC BATTERY (CANYON COUNTY)
Not Guilty
Neighbor called in a battery that she claimed she had observed. Officers
arrive and without doing a proper investigation, they arrest Mr. Apodoca
for Domestic Battery. State believed the officer's version of events
along with the eye witness. Mr. Bublitz takes it to jury trial, where
the alleged victims asserted that she lied and in fact nothing happened.
After making the eye witness look biased, the jury found an easy path
to a NOT GUILTY verdict.
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STATE V. BILYEU: DOMESTIC VIOLENCE IN PRESENCE OF CHILDREN, COMPUTER CRIME--ACCESS OR ATTEMPTS ACCESS ANY COMPUTER (ADA COUNTY)
Not Guilty
Mr. Bilyeu found himself in an unfortunate situation. At the time of the
allegations, he was nearing the end of a contentious marriage with a wife
who was becoming manipulative and dishonest and a child who was going
to be contested for visitation rights. The complaining witness was able
to convince the officers and County Prosecutor that she was the victim
of a domestic violence. Furthermore, she convinced the officers to subsequently
charge Mr. Bilyeu with a computer crime as defined in Idaho Code 18-2202.
The computer crime was assigned to a Boise City Prosecutor, who could
read the statute and determine that Mr. Bilyeu's actions did not constitute
a criminal offense and the case was dismissed. However, the County Prosecutor
saw the battery differently and we proceeded to jury trial. At trial,
the complaining witnesse's did not come across truthful, and her own
father testified to her dishonesty and untruthfulness allowing the jury
to quickly acquit Mr. Bilyeu of any wrong doing. NOT GUILTY
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STATE V. BOYD: FELONY DOMESTIC VIOLENCE TRAUMATIC INJURY (ADA COUNTY)
Not Guilty
Mr. Boyd was celebrating his girlfriend's twenty-first birthday in
downtown Boise when she became too intoxicated and could no longer continue
the evening. The couple tried to take a cab home, but were inadvertantly
dropped off at an unknown location. Because of the alleged victim's
intoxication, she was unable to walk to their apartment. As a result,
two independant witnesses claim they saw Mr. Boyd kicking her in the face,
back and buttocks in an attempt to get her to stand up and walk. The witnesses
called the police and paramedics were also ordered to the scene. The State
called the eye witnesses, police officers, and paramedics to try and establish
their case. Ultimately, the jury found there to be insufficient evidence
to convict Mr. Boyd of a felony.
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STATE V. CHRISTIAN: FELONY DUI (ADA COUNTY)
Not Guilty
Ms. Christian was observed operating a motor vehicle contrary to State
Laws. Subsequent to approaching Ms. Christian, the officer believed she
was under the influence of a non-alcohol related drug. As a result, a
drug recognition expert was called to the station and a series of tests
were preformed to determine whether Ms. Christian was in fact under the
influence. After the test, Ms. Christian was charged with a felony dui
(3 dui's within a 10 year time frame). The State disclosed all of
its evidence, along with two certified prior judgments out of Harris County,
Texas (where Ms. Christian had previously been convicted). Idaho Law requires
the prior offenses to be certified copies of judgements under seal, which
we believed the State had not complied with. At the end of a jury trial,
the Judge asked the State for the prior judgements and agreed that the
State had failed to comply with the requirements of producing certified
copies under seal and entered a NOT GUILTY verdict for felony driving
under the influence. As the old adage goes, there is more than one way
to skin a cat.
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STATE V. COX: FELONY COCAINE POSSESSION (ADA COUNTY)
Not Guilty
Mr. Cox was caught shoplifting at a local store. As the Officer searched Mr. Cox incident to arrest for the shoplifting, he discovered two baggies of cocaine in Mr. Cox's jacket pocket. State was being unreasonable in their pretrial offers. Took it to jury trial and jury returned a verdict of NOT GUILTY. State couldn't prove that Mr. Cox knew that cocaine was in his pocket.
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STATE V. CUMMINGS: 2 COUNTS OF BATTERY (ADA COUNTY)
Not Guilty on both counts
Mr. Cummings and his family were at Cowgirls in Kuna when he called for
a taxi. The taxi showed, and subsequently Mr. Cummings and the driver
got into a verbal dispute. As a result, the driver's wife yelled obscenities
at Mr. Cumming's family. According to independant eye witnesses, Mr.
Cummings punched the female cabie and then proceeded to wrestle with the
male cab driver. However, after questioning all the State's witnesses
(including independant eye witnesses), it became clear that Mr. Cummings
was acting in self-defense and as a result inadvertantly struck the female
cab driver.
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STATE V. DELANEY: MINOR IN CONSUMPTION OF ALCOHOL (CANYON COUNTY)
Not Guilty
Mr. Delaney was at a house party when local police officers arrived. A
Police Officer testified that Mr. Delaney admitted to consuming alcohol
and that he was under age. The officer took photos of the alcohol and
the State presented the evidence to the jury, along with the testimony
of the officer. Mr. Delaney testified that he never admitted to consuming
alcohol and in fact he doesn't even drink. After making the officer
seem less than credible, the jury returned a verdict of NOT GUILTY.
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STATE V. DEMEYER: DRIVING UNDER THE INFLUENCE OF ALCOHOL. (ADA COUNTY)
Not Guilty
Mr. Demeyer was driving a friend home from a bar when he was pulled over by the Ada County Sheriff Department for expired registration. Upon approaching Mr. Demeyer, the Officer alleged that he smelled the odor of an alcoholic beverage coming from the vehicle and that Mr. Demeyer's eyes were bloodshot. After a series of questions, Mr. Demeyer admitted to having three, four or five beers, but maintained that he was not under the influence of alcohol. After running Mr. Demeyer through a series of field sobriety test, the officer arrested Mr. Demeyer and took him to the station to preform the breath test. The results of the breath test were .085, .087 respectively. Mr. Bublitz argued that the test was not accurate, and that the duration Mr. Demeyer had consumed the beers was sufficient in length that his body would have metabolized the alcohol and that Mr. Demeyer would have been under the legal limit at the time he was pulled over.
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STATE V. EDICK: DOMESIC BATTERY (ADA COUNTY)
Not Guilty
Mr. Edick's girlfriend called the police when she believed she had
been battered. Subsequently, Mr. Edick was arrested and charged with domestic
battery. After some time to reflect, the girlfriend believed that it was
a misunderstanding. She believed that in Mr. Edick's mind, he was
acting in self-defense. Subsequently, she contacted the victim witness
cordinator and the prosecutor's office to disclose her revelation.
However, they did not wish to hear her story and proceeded with the charges
against Mr. Edick. The jury did listen to the girlfriend's revelation,
and as a result had no problem finding Mr. Edick NOT GUILTY.
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STATE V. GARRETT: FELONY RAPE, MISDEMEANOR BATTERY (ELMORE COUNTY)
Not Guilty on both counts
Mr. Garrett had arrived home from work when he was invited next door to
have drinks with his neighbors. Later in the evening, Mr. Garrett returned
to his apartment to hang out with one of the neighbors (a female). Some
time went by and neighbors heard screams coming from Mr. Garrett's
apartment. Subsequently, three males busted in Mr. Garrett's door
and observed Mr. Garrett near the female, with the female partially clothed.
One male approached Mr. Garrett and the individual was struck by Mr. Garrett
above his eye, sustaining a large lacerasion. The female claimed Mr. Garrett
had raped her, which Mr. Garrett denied. The defense brought in a private
investigator who interviewed everyone in the apartment complex as well
as anyone who had contact with the complaining witness subsequent to the
alleged event. During our investigation, it became clear that the complaining
witness gave multiple accounts of what took place. We presented this evidence
to the prosecution and they declined to consider it. The State offered
a 30 year prison sentence with 10 to be served before parole eligibiity.
We declined the offer and proceeded to trial. Jury not only found Mr.
Garrett NOT GUILTY of Rape, but also found that he was allowed to use
self defense against the male who confronted him. NOT GUILTY both counts.
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STATE V. HALL: FELONY GRAND THEFT (CANYON COUNTY)
Not Guilty
Mr. Hall is pulled over driving a stolen vehicle. After an hour of questioning (all on audio), Mr. Hall admitted that he was the one who took the vehicle. Mr. Bublitz listened to the audio and determined that the confession was false and that the officer crossed his professional boundaries when obtaining the confession. Mr. Bublitz called in an expert from Boise State University who is trained in the field of practice of false confession and proper police interrogation.
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STATE V. HATHAWAY: Felony Sexual Abuse of a Minor x2, Felony Lewd Conduct with a minor (ADA County)
NOT GUILTY
Mr. Hathaway was accused of sexual touching of a minor, as well as lewd and lascivious conduct with a minor . He denied the allegations from the start of investigation. State offered Mr. Hathaway a lengthy prison sentence and refused to look at the evidence objectively. Jury returned a verdict of not guilty on all counts.
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STATE V. KLINE: DRIVING UNDER THE INFLUENCE (CANYON COUNTY)
Not Guilty
Mr. Kline was driving home from Boise when a local citizen called in his
driving pattern. The driving pattern included running stop signs at high
rates of speed, crossing center and outer lines of travel, and wide turns.
Officer initiates traffic stop and conducts field sobriety test (FST's)
on Mr. Kline. FST's are on video and you can clearly see Mr. Kline
was having a hard time. However, the wind was blowing 50 mph and Mr. Kline
has a hard time standing anyway. Mr. Kline refused to blow. Jury returned
a verdict of NOT GUILTY.
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STATE V. KOLENIC: FELONY ATTEMPTED STRANGULATION (ADA COUNTY)
Not Guilty
Mr. Kolenic was at home with his daughter when his live in girlfriend claimed
that he choked her and strangled her. She called the police and Mr. Kolenic
was arrested. The State refused to offer a misdemeanor, so we took it
to trial. Defense offered numerous witnesses on how the victim was not
trustworthy and how Mr. Kolenic is a peaceful person. After Mr. Bublitz
caught the victim in numerous lies on the stand, the jury returned a verdict
of NOT GUILTY.
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STATE V. MARTIN: DOMESTIC BATTERY (CANYON COUNTY)
Not Guilty
Wife calls police and is observed with a goose egg type lump on her forehead.
Defense argues that the bump was self-imposed and that Mr. Martin never
struck the alleged victim. Furthermore, Mr. Bublitz argued to the jury
that the whole charge was fabricated to get full custody of the couples
daughter. After catching the alleged victim in a blatant lie, the jury
returned a verdict of NOT GUILTY.
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STATE V. MEEKS: BATTERY (CANYON COUNTY)
Not Guilty
Mr. Meeks was at home when he heard pounding coming from down below in
another apartment. He went down there to see what the noise was when according
to the victim, Mr. Meeks struck him. Mr. Meeks admitted to hitting the
victim, but only after the victim struck him in the arm with his hammer.
The officer did not believe Mr. Meeks version of events and nor did the
State. We called in the physicians assistant who treated Mr. Meeks for
his injuries and she verified that his injury was consistent with being
struck with a hammer. Mr. Meeks argued self-defense and the jury found
him NOT GUILTY.
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STATE V. MENDOZA: FELONY AGGRAVATED ASSAULT, FELONY WEAPON ENHANCEMENT (ADA COUNTY)
Not Guilty
Mr. Mendoza was at a concert at the Knitting Factory when he got into an
argument with his wife. Shortly after arriving home from the concert,
his wife alleged that Mr. Mendoza threatened her life with a knife. She
called the police and Mr. Mendoza was arrested and arraigned on the charges
of aggravated assault, weapon enhancement, and persistent violator of
the law. The court system, believing he was guilty, set bail excessively
high. As a result, Mr. Mendoza was held in Ada County Jail for six months
pending trial. After a two day trial, it took the jury one hour to find
him NOT GUILTY.
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STATE V. MONROE: DOMESTIC BATTERY IN THE PRESENCE OF CHILDREN, MALICIOUS INJURY TO PROPERTY (ADA COUNTY)
Not Guilty
Ms. Monroe was at home when her live in boyfriend took her phone and locked
himself in the restroom. As a result thereof, Ms. Monroe busted down the
door and grabbed her phone back. The complaining witness called 911 and
told the officers that she had unlawful contact with him. The allegations
were that she pushing him into the tub, held him down, and repeatedly
shoved him. Mr. Bublitz told the State that they would not get a conviction
on the domestic battery in the presence of children, but that Ms. Monroe
willing to plead to the malicious injury to property. The State declined
and we proceeded to trial. At trial, Mr. Bublitz didn't use any preemptive
strikes against the jury panel, and allowed the State to choose who ever
they wanted. Even with the jury box loaded with the State's selection,
they still were unable to get a conviction on the domestic battery. This
case should never have proceeded to trial. NOT GUILTY, domestic battery
in the presence of children.
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STATE V. MUNIZ: TRESPASSING (ADA COUNTY)
Not Guilty
Charges were pressed against Mr. Muniz by a company called Car Park. Car
Park claimed that Mr. Muniz had been told not to put flyers on automobiles
parked within their lots, and as a result was tresspassed from their property
earlier in the year. The State called in the owner of Car Park, along
with the employee that claimed to have had the authority to tresspass
Mr. Muniz previously. As the trial progressed, it became apparant that
the case had nothing to do with putting flyers on cars. The jury returned
a verdict of NOT GUILTY.
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STATE V. PIERCE: FELONY ATTEMPTED STRANGULATION, FELONY DOMESTIC VIOLENCE, 2 COUNTS OF FELONY INJURY TO CHILD, (PAYETTE COUNTY)
Charges Reduced to Misdemeanor
Mr. Pierce was charged with four serious felony offenses. The allegations
were that he choked his girlfriend to the point of unconsciousness, and
struck her multiple times in the torso and head region. Also, that he
had smothered her daughter and had thrown the child down the stairs in
her car seat. After two days of trial testimony, the Judge instructed
the complaining witness not to go into certain unrelated facts of the
case (mainly, Mr. Pierce's violent past). However, sua sponte, the
witness claimed that Mr. Pierce had a gun and was going to kill a police
officer. As a result thereof, the Defense moved for a mistrial and the
Judge granted it. The State, having seen two days of testimony, agreed
that they may not get a conviction. The parties met, and agreed to resolve
the case as one count of misdemeanor disturbing the peace, and one count
of misdemeanor battery with no additional jail time.
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STATE V. R.T. : INJURY TO CHILD (CANYON COUNTY)
Not Guilty
This case culminated when R.T.'s wife was charged with a serious felony
that the State was unable to prove. During the investigation of her case,
R.T. stood his ground and demanded the police, state workers, and prosecution
to use correct procedure. The State did not like R.T.'s actions, and
nor did they appreciate that his wife was not guilty of a felony. As a
result, they filed charges against R.T. and we proceeded to jury trial.
In this case, R.T. didn't do anything wrong, and was a victim of circumstance
as well as prosecutorial misjudgment. This case was not charged based
upon the facts, but rather the emotions of the State and their inability
to remain professional when things did not go their way. NOT GUILTY
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STATE V. SALAS: FELONY AGGRAVATED ASSAULT, ENHANCEMENT-USE OF A DEADLY WEAPON IN COMMISSION OF A FELONY (ADA COUNTY)
Not Guilty
Mr. Salas and his neighbor were in ongoing disputes regarding Mr. Salas
riding his motorcycle through the subdivision where they both resided.
On the date in question, Mr. Salas confronted his neighbor and asked what
his problem was. An argument ensued, and his neighbor claimed that Mr.
Salas pulled a handgun from his waist band and pointed it at his forehead.
The police were subsequently called and Mr. Salas was arrested with a
firearm on his person. At trial, the complaining witness could not give
accurate accounts of what took place, while character witnesses testified
that Mr. Salas is a peaceful person. Ultimately, we gave the jury a reason
why the neighbor would fabricate such an event, and given the totality
of evidence the jury found Mr. Salas NOT GUILTY.
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STATE V. SHOLOTYUK: FELONY 1ST DEGREE STALKING (CANYON COUNTY)
Not Guilty
Mr. Sholotyuk was in the midst of a bitter divorce when this charge was
brought against him by the State of Idaho. The State refused to dismiss
or reduce the charge believing that Mr. Sholotyuk was guilty. Thank God
we have trial by jury.
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STATE V. STARBUCK: TELEPHONE HARRASSMENT (CANYON COUNTY)
Not Guilty
Mr. Starbuck was in the midst of getting a divorce when his wife complained
that he would not stop calling her, despite her repeated requests to cease
conversations. She reported Mr. Starbuck's conduct to the police and
they arrested him for the crime of telephone harrassment. To our dismay,
the prosecution refused to dismiss the case and believed that Mr. Starbuck
should have plead guilty to the charge. Some things are part of everyday
life and do not belong in our criminal justice system. The jury agreed.
NOT GUILTY
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STATE V. STEIGER: DOMESTIC BATTERY (ADA COUNTY)
Not Guilty
Mr. Steiger was at the Western Idaho Fair when a situation arose with his
wife. According to eye witnesses, Mr. Steiger grabbed his wife, and pinned
her against a wall. Police were called and Mr. Steiger was arrested. The
police never questioned the wife, never questioned Mr. Steiger, and completely
ignored proper police investigative techniques. The State called two teenaged
eye witnesses who alleged they saw this incident. However, neither one
of them could give the same story. Furthermore, no one from the Ada County
Prosecutor's Office would listen to Mr. Steiger's wife when she
tried to give the actual events of the evening. Unbelievable, that the
Steiger's were put through this embarrassment.
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STATE V. STENBACK: Felony Lewd Conduct with a Child under 16, Misdemeanor desseminating harmful material to a minor (Twin Falls County)
NOT GUILTY
Mr. Stenback was accused of sexual conduct with a family member. The State offered Mr. Stenback a 30 year prison sentence with 10 to be served before parole eligibility. Mr. Stenback maintained his innocence since the start of the investigation. The trial was complex and took multiple days. We flew in experts from out of state to challenge the State's assertion of facts, in particular the medical evidence that they claimed supported the "alleged victims" assertion of events and conduct. The jury after reviewing the evidence found Mr. Stenback NOT GUILTY of all allegations.
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STATE V. THOMPSON: DOMESTIC BATTERY (CANYON COUNTY)
Not Guilty
Mr. Thompson was arrested by the Caldwell City Police Department when his
girlfriend claimed that he had battered her. It is unclear on why she
fabricated the story, but there was no physical evidence to support it.
The Caldwell City Posecutor (who is no longer with the office) did not
look at the evidence objectively. Instead, she offered a disturbing the
peace. The offer was declined by Mr. Bublitz and his client.
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STATE V. WHITE: FELONY CHILD ENTICING OVER THE INTERNET (ADA COUNTY)
Hung Jury (Misdemeanor Resolution)
Mr. White was in an internet chat room and began engaging in chats with
an undercover police officer posing as a 14 year old female. After a series
of sexually explicit exchanges between the two, they agreed to meet up
for sexual intercourse. When Mr. White failed to show up at the meeting
place, officers stormed his house and arrested him on location. We argued
that there was never any intent to meet the 14 year old, and without any
affirmative steps he wasn't guilty of actual enticement. Ultimately,
the jury couldn't come to a conclusion and were split at the end of
deliberations. Instead of retrying the case a second time, the State offered
Mr. White a misdemeanor resolution that prevented him from having to register
as a sex offender or be labled as a felon. HUNG JURY (misdemeanor resolution)
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STATE V. WILLIAMS: 3 COUNTS OF FELONY ATTEMPTED STRANGULATION, 1 COUNT OF FELONY DOMESTIC BATTERY TRAUMATIC INJURY, 1 COUNT OF
Not Guilty
Mr Williams was at his house when his live in girlfriend alleged that she was strangled on three different occasions, beaten to the point of unconsciousness and was prevented from leaving the residence at her own free will. After a year of preparation and numerous motions by the Defense, the State dismissed the three counts of attempted strangulation and we proceeded to jury trial on the Felony Domestic Battery and false imprisonment charge. The State called in numerous witnesses, including a medical expert, to try and establish their case. Ultimately, the Jury decided that there wasn't enough evidence for the Felony Domestic Battery or the False Imprisonment charge.
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STATE V. WILLIAMSON: DOMESTIC BATTERY (CANYON COUNTY)
Not Guilty
Mr. Williamson, a prominent business owner, was working at his office in the late evening hours. Upon arriving home, he encountered his live-in girlfriend who was being belligerent, combative, and smoking in his log home. Mr. Williamson told her to leave his residence, grabbed the cigarette from her, which caused the female to burn her hand. Subsequently, the police were called and Mr. Williamson was arrested. Prosecutor offered a reduce charge of disturbing the peace, but Mr. Bublitz and his client declined the offer. Mr. Williamson should never have been charged!
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UNITED STATES V. ALMAREZ: FEDERAL DRUG TRAFFICKING, AND CONSPIRACY TO TRAFFIC IN METHAMPHETAMINE
Dismissed
Federal Government conducts a methamphetamine sting operation for approximately
six months. 17 individuals were arrested, but only 1 man walked away.
Mr. Bublitz's client was implicated by a DEA Agent for setting up
a controlled buy. Mr. Bublitz's client claims it wasn't him on
the day in question. We had the audio sent to a voice recognition expert
out of Virginia and ultimately Mr. Bublitz got the United States of America
to Dismiss the charge for lack of evidence.