The Missing Evidence Defense

All Americans are aware of the new batch of "CSI" shows on television where there is always a hair or fiber or morsel of dirt that inevitably leads to the perpetrator (who seems always to confess), this has juries (and some judges) looking for more than the police usually produce in the way of tangible evidence. You see, the police are vastly overburdened with crime and the necessary paperwork, and often overlook evidence that is available because they have a suspect and it seems clear to them that he is guilty.

In this case my client was charged with assaulting his wife, and he told me that he was innocent. He had been convicted in the lower court where another attorney represented him, and I handled the jury trial. In closing, I argued that the state did not present evidence of DNA, fingerprints, pictures of bruises, or any physical evidence of the alleged assault. I think they could have presented more evidence, but they were just too busy to prepare their case as carefully as I prepare mine. The jury found the states's evidence lacking and found my client not guilty.