Earnie was in an impossible position. His wife was cheating on him, and attacked him physically. His kids could free him but he didn't want them traumatized on the stand. He was found NOT GUILTY by a jury.
Melony accused Earnie of grabbing her by the wrists and throwing her down. They were going through a divorce. Melony was having an affair with a man she met on the computer and needed something to give her leverage in the custody proceedings. In spite of her infidelity Earnie was willing to take her back to save his family.
One night she attacked him and Earnie blocked her swings and fended her off. She was bruised from hitting Earnie. The next day she went to the police and filed charges. The police took pictures of her injuries, and she gave a written statement. The police never even bothered to call Earnie to get his side. All of there boys had witnessed the fight. They provided me with written statements exonerating thei dad. The prosecutor only listed one of them, the one that was learning disabled. Earnie did not want to call any of the boys to be called as witness because he was afraid of damaging them emotionally. I told the prosecutor of our concerns, she said “too bad”. I showed her the written statements trying to persuade her to investigate a bit more. She would not. The testimony from Melony came out as expected. When her son testified he in fact testified that he saw his dad grab his mom by the wrists. The prosecutor was quite excited about this testimony because if believed, would make her case. On cross examination I asked the son to come down off the witness stand and show the jury what he saw. I had him pretend to be his mom and I would be his dad. He came charging at me with his arms flailing. I then reversed roles with him and imitated what he just showed the jury of how his mom was acting and asked him to show the jury what his dad did. He grabbed my wrists and held them. So it was just like he said “he saw his dad grab his mom’s arms.” The judge was either crooked or the dumbest judge I have ever been in front of, he refused to instruct the jury on self-defense, which this clearly was. In spite of his ignorance the jury still saw the truth and sent Earnie home with his boys. |