Assault (2nd Degree) — 911 Tape of Call by Client Lost
RESULT | Dismissed
A man was charged with hitting his girlfriend and causing serious injuries. Defense investigation revealed that the man had been injured first and very seriously by his girlfriend and that it was he who had called 911. The defense documented his injuries and retained an expert to testify that his injuries were life-threatening at trial. At trial, it was revealed that the prosecution had lost the 911 tape which showed that it was the man who contacted the police for help. After convincing the court that this was a legitimate self-defense case and that a critical piece of evidence had been lost, the case was dismissed.