Not Guilty: Jury Acquits Attorney Goldstein’s Client of Indecent Assault
Philadelphia Criminal Defense Lawyer Zak T. Goldstein, Esquire
Philadelphia criminal defense attorney Zak T. Goldstein, Esquire, recently obtained a full acquittal for a client charged with multiple counts of indecent assault. In Commonwealth v. L.B., police arrested and charged L.B. with indecent assault as a felony of the third degree and indecent exposure for one complainant as well as indecent assault as a misdemeanor of the second degree for a second complainant. L.B. worked as a massage therapist, and two women accused him of touching them inappropriately during massages.
The first complainant was a regular patient of the client’s. She claimed that L.B. sexually assaulted her during one of the massages by touching her inappropriately and masturbating in front of her. L.B. denied the accusation to the police, and the police initially declined to file charges.
That decision changed, however, when a second complainant made similar allegations against L.B. She claimed that she also went to see him for a massage. During the massage, he began to touch her inappropriately. Specifically, she alleged that he touched too far up her legs and eventually touched the outside of her vagina. She then left, and later that night, she sent L.B. a text message accusing him of assaulting her.
Once the second complainant made her allegations, the police arrested L.B. Prosecutors charged him with indecent assault as a felony of the third degree for allegedly putting his fingers in the first complainant’s vagina and indecent assault as a misdemeanor for touching the outside of the second complainant’s vagina.
Sexual assault cases involving more than one complainant are extremely difficult to defend. Although the jury should consider each allegation separately, it becomes very difficult for jurors to properly evaluate the evidence when more than one person makes an allegation. Judges routinely permit the Commonwealth to try these cases together even though it makes it very difficult to receive a fair trial, and in this case, the defense’s motion to sever the cases was denied.
Fortunately, L.B. retained Attorney Goldstein for trial. L.B. proceeded by way of jury trial, and Attorney Goldstein successfully argued to the jury that the complainants had fabricated the assaults. Attorney Goldstein’s cross-examination established that the first complainant had continued trying to make appointments for massages at the same spa after the alleged assault, failed to tell anyone for about a month, failed to warn other people she knew went there for massages that they should not go there anymore, and that she had hired a lawyer and sued the spa before she even went to the police.
Similarly, cross-examination revealed that the second complainant had also hired the same lawyer and sued the spa, failed to tell the police for a few weeks, and made allegations that were not even necessarily an indecent assault. Additionally, she had given L.B. a large tip for the massage.
Given the financial motive, inconsistencies, and strange behavior, the complainants’ stories were difficult to believe. There was also no other evidence, but sexual assault cases can be very difficult to defend. There is usually no other evidence that something happened other than the complainant’s testimony. Therefore, Pennsylvania law allows the prosecution to bring charges and for a jury to convict without any other evidence if the jury believes the testimony beyond a reasonable doubt. Further, prosecutors and judges will repeatedly instruct the jury throughout the trial that they do not have to have any other evidence other than oral testimony in order to convict. Many jurors also have trouble believing that someone could lie about something so serious.
In this case, however, Attorney Goldstein’s cross-examination revealed that the stories just were not credible. The jury deliberated for a few hours and then acquitted L.B. of all charges. Had he been convicted, he would have been facing a state prison sentence and Megan’s Law registration. Now, he has the right to have all of the charges expunged.
If you are facing allegations of sexual misconduct or sexual assault, it is extremely important that you retain counsel with experience defending against these types of allegations. There are often critical motions which need to be filed and important investigations that need to be conducted in order to obtain exculpatory evidence. Most importantly, successful cross-examination of the witnesses in these cases requires a great deal of experience, sensitivity, and skill. Fortunately, L.B. retained Attorney Goldstein, and Attorney Goldstein was able to obtain a full acquittal.
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Goldstein Mehta LLC Criminal Defense Lawyers
If you are facing criminal charges or under investigation by the police, we can help. We have successfully defended thousands of clients against criminal charges in courts throughout Pennsylvania and New Jersey. We have successfully obtained full acquittals in cases involving charges such as Conspiracy, Aggravated Assault, Rape, and Murder. We have also won criminal appeals and PCRAs in state and federal court. Our award-winning Philadelphia criminal defense lawyers offer a free criminal defense strategy session to any potential client. Call 267-225-2545 to speak with an experienced and understanding defense attorney today.
