Not Responsible for Sexual Misconduct - University of Colorado Boulder - this was one of the first contested hearings under the newer Title IX rules at CU. There were lots of investigators and complainant shenanigans, but the retired Judge saw the truth. My client testified, as did a few other witnesses generally supporting him. The complainant and her accusing friends mostly refused to testify. The university ruled that since the act did not occur on campus, they did not have to provide Due Process confrontation and cross-examination rights. This will eventually be overruled by the Courts, but not in my case - we won. The client graduated and has an excellent job. His life changed and was quite difficult for 9 months, but that is better than losing and it changes forever.
Stalking Harassment Domestic Violence Dismissed - after a thorough investigation and legal analysis, the elements of the charges were found to be lacking. While this may be true, getting a prosecutor to dismiss even when they agree is not always easy. This prosecutor was pushing a deferred sentence deal (which we refused) up until the moment she was dismissed. Sometimes, it is best to stand up and say ready for trial. The client's record remains clean and the arrest is sealed.
Dismissed DUI Jefferson County - this poor guy refused when he should have taken the test because it would have been in his favor. It is always difficult getting a prosecutor to dismiss a DUI, let alone one with a refusal (and a second at that). A prosecutor I previously worked with, one that knows my skills and that I am a decent human, listened to reason and agreed that an innocent person should not get a DUI just because he refused. Saved his license, and therefore his job.
Not Guilty at Jury Trial - Denver Felony Sexual Assault with Force - This was an "acquaintance rape" claim. There was no offer. The complainant's family hired a private attorney and private investigator to make sure the prosecutor did their job properly. The DA had 35 years of experience. None of this bothered me. I don't scare easy. I worked with my client to tell the truth persuasively. We investigated fully. The jury was out for a short time. After the trial, several jurors appeared to complain to the DA that they never should have brought the case. That is not how it looked in the beginning. Another attorney told my client there was no way to win. If you are innocent and others say you cannot win, I can help.
Ski Injury - Plaintiff - we successfully negotiated a settlement for our client who was hit by another skier from behind. The client is healthy and has been made whole by the settlement. I enjoyed working with my friend Sean Brown on this case (Steamboat Springs lawyer).
Title IX University Sexual Misconduct - Not Responsible - August 2020
A scholarship athlete at Colorado School of Mines was accused by another student. My client said it was consensual and he told me his story. Despite the ring of truth, Title IX defense is quite difficult. The burden of proof is only a preponderance – meaning more likely than not. At this time, there was no cross-examination. We fought hard and discovered numerous problems with the complainant’s story. Client’s story did not have these problems and made sense. The Title IX office (office of institutional equity) found my client responsible. But that is basically the investigator and his/her boss agreeing with each other. We appealed. Now we are outside of the Title IX office. Now we have people that have not been indoctrinated. They reverse and found my client Not Responsible for Sexual Misconduct. He was reinstated to the University, kept his scholarship, is playing his sport and will earn his engineering degree.
August 20, 2021 - Title IX Hall of Shame per SAVE
SAVE is a great organization dedicated to helping people accused of Title IX University Sexual Misconduct. The link and information below comes from them. More is added all the time – check them out. http://thefire.org and http://TitleIXforAll.com and https://helpsaveoursons.com/ are excellent resources as well. If you need help on these case, please call me.
