Unanimous jury acquits client of felony “Strangulation” charge

On April 5, 2016, Attorneys Gene Libby and Tyler Smith won a jury acquittal for a client charged with Aggravated Assault, Domestic Violence Assault, and Domestic Violence Criminal Threatening in the Oxford County Superior Court, South Paris, Maine. The charges stemmed from a complaint filed by the alleged victim in August 2014. The police failed to conduct a meaningful investigation of the complaint and arrested our client before even being asked about the allegations.  During the trial, the State called the alleged victim, two police officers, two emergency room doctors, and the director of the Maine Sexual Assault Forensic Examiner Program as an expert on the physiology of strangulation.

Attorneys Libby and Smith convinced the jury to acquit by focusing their case on the failure of the police to investigate, along with significant inconsistencies in the alleged victim’s account of the assault.  During the trial, the defense produced physical evidence and testimony that all pointed to the alleged victim—who had no visible injuries—as the aggressor. The evidence also established the victim was very intoxicated and destroyed many items of the client’s property during her alcohol induced rampage the night of the alleged assault.  The defense established that the alleged victim faked certain injuries, claiming that she could no longer dance.  The defense introduced pictures of her dancing at a local bar shortly after the assault.  Because the alleged victim claimed the use of “strangulation,” the firm’s client was exposed to up to 10 years in prison if found guilty. The jury deliberated for less than two hours before returning the unanimous not guilty verdicts.

Gene R. Libby

Gene R. Libby
Partner

Gene has a rich history of litigation experience over the last 30 years. He has tried over 100 civil and criminal jury cases to verdict. His practice focuses on a wide variety of civil and criminal litigation representing individuals and small businesses, including divorce, real estate disputes, small business litigation, elder law, personal injury, professional… Read more »

Tyler J. Smith

Tyler J. Smith
Associate

Tyler J. Smith joined Libby O’Brien Kingsley & Champion as an associate in 2012. His practice includes a wide array of civil litigation and criminal defense matters—ranging from drunk driving defense to employment discrimination to defamation. Tyler is also an experienced appellate advocate. He has handled over 20 appeals, and has argued before the Maine Supreme Judicial Court… Read more »