Submitted by Friedman Nemecek on
Attorneys Ian Friedman, Eric Long, and Lucas Trott represented a husband and wife who were indicted in the Portage County Court of Common Pleas for violations of Ohio Revised Code Section 2919.22, to wit: Endangering Children. The violation is a felony of the second degree, which is punishable by a prison term of up to eight (8) years in an Ohio penitentiary.
The State of Ohio alleged that the parents intentionally submerged their eighteen (18) month old son in a scalding liquid, causing third degree burns to the child from the waist and below. As a result of the severe burns, the child was caused to undergo numerous surgeries and skin grafts.
Friedman Nemecek Long & Grant, L.L.C., was engaged to represent the parents against attempts by the State to take custody of their three (3) minor children. Attorney Ian Friedman commenced representation when he appeared in the Portage County Juvenile court to contest the State’s petition. A three (3) day trial ensued, allowing Ian to cross-examine all the State’s witnesses, including the physician, who specialized in child traumatic injury, and opined that the injury could only be the result of deliberate actions by one (1) or more of the parents.
Once the case was indicted, Friedman Nemecek Long & Grant, L.L.C., partnered with an experienced counsel who represented the husband so that the firm could focus on representing the wife in the criminal case. Aided by the engagement of the top expert witnesses across the United States, the defense mounted a defense that suggested the child accidently caused the injury by climbing onto the bathroom vanity, engaging the hot water, and falling into the sink. More than a dozen substantive motions were filed by the defense attacking the validity of the State’s case. The State of Ohio, based upon the initial opinion of their expert physician, disagreed with the defense theory and the matter was scheduled for jury trial.
Prior to trial, the defense conducted another home visit as that was where the injury occurred. Friedman Nemecek Long & Grant, L.L.C., attorneys noticed that internal surveillance cameras (“nanny cams”) were present and were not examined by the police despite conducting full searches of the home. A digital forensic company was engaged to determine whether the cameras captured and stored the events surrounding the incident. Extensive testing revealed that the cameras did, in fact, record the event. It was revealed that while the injury was to have occurred at the hands of the parents, they were actually elsewhere. The mother was in her bedroom and the father was downstairs. Most importantly, the child was seen entering the bathroom on his own and closing the door. Moments later, he could be heard screaming. While tragic, it was unequivocally clear that the State’s theory was incorrect. It was a true accident which the parents hadn’t anything to do with. After being presented with the exculpatory evidence, the prosecutors dismissed the charges against the parents. All three (3) children now live peacefully at home with their parents.
This case shows what can happen when charges are lodged against a person without a thorough investigation being conducted. The internal cameras were in the home when the police searched the premises. Yet, they opted not to have them examined. Instead, the police relied solely upon the incorrect opinion of a single physician which upended the clients’ lives for almost eighteen (18) months. It should not have been the defense that needed to provide the evidence of actual innocence. The police had access to the same evidence. FNLG attorneys left no stone unturned. As a result, the clients have their lives back.
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