The Plain Dealer has just published an article about one of the recent
case wins obtained by Cleveland Criminal Defense Attorneys Ian N. Friedman
and Eric C. Nemecek. The news story, which was published on July 10, 2014,
was titled "
Man who struck and seriously injured bicyclist after drinking in Ohio City
granted new trial." It covered many of the case details we discussed in our
previous blog post on this case, as well as some more recent developments related to the case.
The defense lawyers were representing a man who was accused of driving
while drunk and then hitting a bicyclist with his vehicle, causing the
man to become a quadriplegic as a result of his injuries. He was convicted
of vehicular assault and
driving while intoxicated and then sentenced to five years in prison in June 2013. However, with skillful
appellate representation by Attorney Friedman and his team, the man was able to get his convictions
overturned with an order that his case be retried. He was able to successfully
appeal his convictions due to the fact that the previous judge allowed
prosecutors to enter an anonymous letter as evidence. (The letter stated
that the defendant was drunk on the night of the accident.) This was problematic
because the letter should have been considered inadmissible, and its use
in court ruined the defendant's chances of getting a fair trial.
The Plain Dealer article discussed these details, as well as some more
recent information about the case. The article reported that Attorney
Friedman has requested that the new trial be presided over by another
judge, rather than the previous judge who already made it very clear what
she thought of the defendant through statements she made during sentencing.
In the article, Attorney Friedman explained that there will be evidence
that will be used in the second trial that wasn't available for the
first one. That evidence is the victim's bicycle, which had gone missing
but was later found by an investigator in a police evidence room. The
new trial will focus on the bicycle and the investigation, Attorney Friedman said.
Mr. Friedman was quoted in The Plain Dealer article saying that the Court
of Appeals' decision backed up the defense team's contention that
the state failed to provide the defense with vital evidence before trial.
He noted that with all the evidence present this time around, he and his
team are confident that their client will have his name successfully cleared
of the charges.
Attorney Friedman and the other lawyers take an aggressive stand for defendants
who need help ensuring that their Constitutional rights are upheld—including
their right to a fair trial. The attorneys are prepared to take on a wide
array of criminal cases.
Contact our team for skillful legal representation!