Success Stories

Wallin & Klarich Win Not Guilty Verdict In Sexual Battery Case

Our client was a x-ray technician at a local hospital and he was being charged with a sexual battery. The victim alleged that our client inappropriately touched her during one of the X-rays. Prior to trial we pointed out to the District Attorney that the victim was under the influence of Demerol, a very powerful drug administered for pain relief. The District Attorney in the case was more eager to get a conviction then he was to seek justice in the case. We set the case for trial. During the trial it came out that the victim was given 100mg of Demerol with in a 3-hour period. We called a Dr. as a witness and he testified that the usual dosage was .25mg of Demerol every 4 hours. The Dr. testified that the victim was not a reliable witness because of being under the influence of this drug. In fact, the Dr. testified that the drug also causes hallucinations. Victim took the stand and testified that the Demerol did not affect her at all. We brought in evidence to show that it did. The victim did not remember taking x-rays standing up; in fact she vehemently denied that they were ever taken. Because the x-rays have marks at the bottom to show how they were taken, we were able to prove that she was wrong. The jury went out and deliberated just 20 minutes and came back with a verdict of NOT GUILTY.

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