Defense Against Sex Charges in Kentucky
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Recent Case Results

At Bleile & Dawson, we are committed to giving our clients the high-quality representation that they need and deserve after being charged with a criminal offense. We have achieved many successful victories in the past and continue to strive for positive results on behalf of our clients.
    • Child Pornography No Charges Filed

      Case History: Our client was accused of posting child pornography on a social media website where photos are mainly published. The police were given this information from an unknown third party. The police went to our client’s home but our client was not home. The police left a business card for our client to contact them immediately. Our client contacted us for advice.

      Our Defense: As soon as our office got involved in the case, we contacted the police agency and informed them to cease contact with our client. The police contacted us about speaking with our client. We declined the request. We informed the police there was no evidence linking our client to child pornography other than an allegation. We obtained information from the social media website and informed the police of the short comings of using information from the internet to identify a person. Upon investigation of our client’s situation, we found our client had an unsecure internet network. Basically, anyone of his neighbors could get on a website, which would be linked to our client’s IP address, and post items which could be attributable to our client. The Commonwealth’s case was destroyed before it could begin. The police stopped their investigation before even attempting to gain a search or arrest warrant.

      Case Number: Commonwealth of Kentucky, Fayette County

    • Child Sexual Abuse and Domestic Violence Case Dismissed; No Criminal Charges Filed

      Case History: Our client played an active role in the lives of our client’s children and grandchildren. Our client was even responsible for providing transportation in order for the grandchildren to visit with their parents. Our client was a proud grandparent and being a grandparent was a very important part of our client’s life. One day, after a disagreement occurred between the parents of one of our client’s grandchildren, our client was accused of sexually abusing one of the grandchildren. Our client was in complete disbelief and heartbroken over the allegations. Our client knew the allegations were completely false and were instead the product of one of the parents attempting to gain an upper hand in an ongoing custody battle. The parent of the child requested an emergency protective order/domestic violence order based on the allegations to prevent our client from having any access to the child. Not only was our client threatened with the possibility of criminal charges, but our client was also forced to defend against the allegations in a family court emergency protective/domestic violence hearing.

      Our Defense: We immediately began building a wall of protection around our client. Once we notified all agencies of our involvement and cut-off access to our client, we began researching the background of the parent who made the allegations on behalf of the minor child and filed the protective order against our client. We soon discovered the parent was very familiar with the court system. In fact, on several past occasions, the parent made similar allegations on behalf of other children and filed the same paperwork in multiple jurisdictions against other alleged perpetrators. It appeared the parent knew exactly how to manipulate the system. We further discovered the allegations arose immediately after the parent did not get what the parent requested in the custody case. In addition, there was a major procedural problem with jurisdiction. The court in which the parent filed in did not have authority to preside over the matter. The court could not exert jurisdiction over our client and we refused to concede jurisdiction because the case was filed in the wrong forum. When the matter came for hearing, we argued to the judge that our client must be dismissed from the case because the court lacked jurisdiction. We further pointed out that the parent was far more experienced in these matters than portrayed. We presented the multiple filings from other jurisdictions as well as the coincidences with the custody case. Finally, our client’s position never changed. Our client maintained the fact that the allegations were completely false and nothing improper ever occurred. On the other hand, the parent/accuser’s story changed numerous times. Basically, each time we successfully disputed one of the facts, the parent would then change the story. Based upon the numerous inconsistencies, the accuser’s complete lack of credibility, and the procedural defect with jurisdiction, the judge had no choice but to agree with our assertions and dismiss the case. Not only was the domestic violence/protective order dismissed, but our client was not arrested or criminally charged.

      Case Number: Commonwealth of Kentucky, Fayette County

    • Gross Sexual Imposition No Charges Filed

      Case History: Our client was living with his girlfriend and his girlfriend's teenage daughter. The teenager made an allegation that she was molested by our client. Our client not only disputed the allegation but he did not take the allegation seriously. Child protective services demanded the mother bring the child to them immediately to be "forensically interviewed". Our client drove the mother and the teenager to the scheduled interview thinking this matter would be quickly terminated and he would be vindicated. He accompanied his girlfriend and the teenager to the office. Child protective services demanded he leave the premises. He complied, again thinking he would be vindicated. While waiting in his car he began surfing the internet about false allegations. He found our web site and contacted us, mainly out of curiosity as he did not take the allegations seriously. We explained the serious nature of the allegations even if completely untrue. We described for him in great detail all the things that were about to occur. He listened to what we said and told us he would contact us if he needed anything further. Over the next 48 hours his life turned upside down and everything we predicted would happen did happen. Our client called us back and retained our firm.

      Our Defense: As about two days lapsed from the time he initially contacted us to when we were retained, our client was already removed from his own home. We informed him that our priority was to prevent any criminal charges from arising. If he was charged criminally, life as he knew it would cease to exist. He was scheduled to give statements to police detectives and child protective services. When we were retained, we cancelled both appointments for our client. The police searched his home and took various items which they considered evidence. The police and child protective services refused to give us or our client any details regarding the allegation. We, in turn, refused to provide them with any information as they were withholding even the basics of the allegation. The situation stagnated as no incriminating evidence was found. This stalemate was in our client's favor as they had no evidence to support the allegation. Our client was able to move back into his home and secure his possessions again. No criminal charges were filed against our client.

      Case Number: State of Ohio/ Jobs and Family Services

    • Incest No Charges Filed

      Case History: Our client married a woman who had three children from a previous relationship. One of these children was an adult female. It is alleged our client began a relationship with the adult female daughter of his wife after they separated. The adult daughter gave birth to a child. The baby of the adult daughter was allegedly the child of our client. Both the Kentucky State Police and The Cabinet got involved in the case. The police were pursuing our client for the crime of incest. Even though the daughter of his wife was a consenting adult and not biologically related to our client, Kentucky law deems sexual relations with any step-child, even an adult, to be criminally incestuous.

      Our Defense: The two other children of our client's wife denied ever being sexually abused or involved with our client. There were no allegations of our client being in any way physically improper with children. We therefore eliminated The Cabinet from the investigation. The Kentucky State Police were attempting to obtain DNA samples from our client and the newborn child. We refused to provide the DNA sample absent a court order. When the Kentucky State Police were attempting to get the search warrant, we provided them with evidence that our client resided in another state. We informed the investigating officers that, even if they could show sexual relations occurred between our client and the adult step-daughter, they could never prove such acts occurred within the Commonwealth of Kentucky. The other state in which our client resided does not have the crime of criminal incest. The investigation of our client stopped and no charges were filed.

      Case Number: Commonwealth of Kentucky/ The Cabinet (DCBS)

    • Incest, Child Sexual Abuse, Rape Allegations Found Unsubstantiated; Not Guilty

      Case History: Our client was accused by his daughter of having sexual intercourse with her. She was 11 years old at the time. The client's wife, and the mother of the child, immediately took the child to the hospital for a full exam. The Cabinet got involved and attempted to substantiate child abuse allegations against our client. Further, the Cabinet forced our client to leave the residence. The Kentucky State Police began an investigation and attempted to obtain a statement and polygraph test from our client. When our firm was retained, we stopped all contact between the police and our client.

      Our Defense: We reviewed all medical evidence and consulted other medical personnel about the likelihood that those results could be from acts described by the child. Basically, there were no medical findings of any sexual activity. An exam would likely have revealed some evidence of trauma given the amount of violence the child alleged was sustained. We also brought forth a prior incident where the accuser made a similar allegation about a boy at school sexually assaulting her. However, the boy did not exist. The child created the story for attention. The Cabinet unsubstantiated the allegations, criminal charges were not filed, and our client did not get arrested.

      Case Number: Commonwealth of Kentucky/ The Cabinet (DCBS)

    • Incest, Sex Abuse No Charges Filed/No Arrest

      Case History: Our client's 15 year old step-daughter accused our client of inappropriately touching her. The minor informed a friend at her school of the touching who in turn told a school official. The Kentucky State Police and The Cabinet began an investigation.

      Our Defense: The child was forensically interviewed by The Cabinet. A Kentucky State Police Officer was observing the interview. The child also was given a physical exam by a medical doctor and a SANE (sexual assault nurse examiner) nurse. The results of both examinations did not confirm or deny any allegations. Both agencies requested additional time and examinations of the child. After we became involved, we refused additional contact with the minor arguing that pressing for additional information would not only produce even more inconsistent results but that the examinations themselves were mentally destructive to the child. Basically, we argued that if the agencies were unable to get enough information the first time, how could a second round of examinations possibly clarify anything when so much time had elapsed. We also disclosed to the Kentucky State Police that the child was rebellious and was being disciplined by our client for leaving the house late at night to sneak out with her boyfriend. We told both the Kentucky State Police and The Cabinet that their interference was empowering this child to make more improper accusations to divert attention from her bad behavior. The Kentucky State Police did not file criminal charges. We entered into a stipulation with The Cabinet that the child was "Dependent" and was to receive counseling.

      Case Number: Commonwealth of Kentucky, Martin County

    • Incest, Sex Abuse No Charges Filed, No Arrest

      Case History: Our client's adopted daughter (young teen) was a discipline problem. One night she ran away. When the police were notified the child was located. The child told the police she did not want to go home because she was being molested by our client. Kentucky State Police and The Cabinet began an investigation.

      Our Defense: Our client retained us immediately after hearing the allegation. We met with our client and his family after hours to start our involvement that same day. We contacted both the Kentucky State Police and The Cabinet and severed the communication between our client and these government agencies. Both agencies were requesting a statement from our client. We provided them a written statement, drafted by us and signed by our client, denying any improper conduct. We obtained copies of the child's statements, one from each agency or person whom the child spoke to, and evaluated each statement. We showed the government how the statements contained contradictions with details that should not have been inconsistent. We also provided the child's behavioral history to show how the child was escaping responsibility and punishment by making the allegations. No charges were filed but a stipulation of dependency was made with The Cabinet (DCBS) that the child was in need of counseling.

      Case Number: Commonwealth of Kentucky, Scott County

    • Indecent Exposure Not Guilty

      Case History: Our client was accused by a co-worker of exposing genitalia repeatedly to the co-worker for sexual gratification. The police were called by a supervisor upon the insistence of the accuser. Our client was arrested based upon the accuser’s sworn testimony in an affidavit.

      Our Defense: Our defense was relatively simple. The accuser alleged this occurred in several locations throughout the building on a certain day. The accuser also alleged it occurred in a patient’s room in the patient’s presence. At trial, we provided evidence that the building and areas described in the affidavit were equipped with numerous video cameras, yet there was absolutely no video evidence supporting the allegation. Further, there was not any evidence supporting the allegation from the patient even though an incident supposedly occurred in a patient’s room. Our client was fully prepared to testify, and did in fact testify at trial, denying each and every allegation to the fullest. A Not Guilty verdict was rendered.

      Case Number: State of Ohio, Hamilton County

    • Prohibited Use of Electronic Communications System to Procure Minor Case Dismissed

      Case History: Our client was charged with Prohibited Use of Electronic Device as means to induce a minor to engage in sexual or other prohibited activities. This was a sting operation set up by the local police department in Bourbon County, Kentucky. Our client was arrested with about 20 other people, all of which were charged with essentially the same crime. Every case arising from this sting operation resulted in a conviction, except our case. The prosecutor agreed to dismiss the allegations against our client on the eve of trial.

      Our Defense- We immersed ourselves in our client's computer information. We have a significant amount of knowledge about computers and computer forensics. We basically became more of an expert on the computer software used by the police agency than the police agency itself. We continued to aggressively push the case forward toward trial and made it clear to the prosecutor the computer forensics contained fatal shortcomings, including solid proof that our client did not commit the alleged crime. After the prosecutor verified the issues we brought up, the prosecutor dismissed the case.

      Case Number: Commonwealth of Kentucky, Bourbon County

    • Prohibited Use of Electronic Communications System to Procure Minor Not Guilty

      Case History- Our client was a resident of a western state, far from McCracken County, Kentucky, and was accused of soliciting a minor for sex via the internet. He was arrested at his home in the western U.S. and transported to McCracken County to face criminal charges as well as sex offender registration. His life was turned upside down in a moment. However, after retaining our firm, our client was released on bond and subsequently vindicated of any wrongdoing after a Not Guilty verdict was rendered at trial.

      Our Defense- Our firm offered a two prong strategy to defend our client. First, we set out to show our client did not attempt to solicit a minor from thousands of miles away. Second, we attacked the information the Commonwealth presented regarding internet communications. We used our technical knowledge of computers and the internet to successfully turn the Commonwealth's "expert" into an expert for the Defendant. We did not even require the use of our own computer expert as the Commonwealth's expert was instead used to the advantage of our client. A Not Guilty verdict was rendered without our client even calling a single witness in his defense.

      Case Number: Commonwealth of Kentucky, McCracken County

    • Promoting a Sexual Performance by a Minor No Charges Filed, No Arrest

      Case History: Our client was accused of inappropriately communicating with a minor via text message. The police alleged our client sent text messages to a minor requesting the minor send nude photos in return. Allegedly the minor engaged in conversation with our client via text message and sent nude pictures. The police also claimed our client sent the minor pornographic pictures along with inappropriate conversation of a sexual nature. Our client as a young professional without any criminal history was adamant no such thing occurred and the police had the wrong person.

      Our Defense: Upon learning of the allegations, we immediately inserted ourselves into the investigation. The police wanted to interview our client regarding the allegations. We refused to allow this to occur and cut off all contact to our client. We began advocating on our client’s behalf. The police would have to prove our client was in fact the person sending and receiving the messages/photos and we were unwilling to allow our client to provide any information to the police regarding the allegations. During the course of our own independence investigation, we obtained our client’s cell phone records and did not find any communications to or from the accuser. When we highlighted the flaws in their case, including the lack of evidence, the police were forced to close the investigation. No charges were filed and our client continues to possess an unblemished record.

      Case Number: Commonwealth of Kentucky, Boone County

    • Rape Not Guilty

      Case History: Our client was in a non-exclusive romantic relationship for several years. In early 2016, the significant other’s best friend initiated sexual conversations with our client. This escalated into sending nude pictures and increased sexually charged conversations. Shortly thereafter, our client along with the significant other, the significant other’s best friend, and a friend of our client were hanging out and drinking at the friend’s residence. While the significant other was asleep in another room, our client and the significant other’s best friend began having sex in the bedroom, while our client’s friend began recording the sexual act on a cell phone. The significant other heard the sexual encounter, barged into the bedroom, became visibly upset at the situation and punched both parties in the face. Once this occurred, the significant other’s best friend accused our client of rape in order to salvage the relationship with the best friend.

      Our Defense: The State of Ohio charged our client with two counts of rape; one by force and one alleging the accuser was too intoxicated to consent to the sex act. We knew if our client was convicted of either count, it would completely destroy our client’s life and our client would likely spend decades in prison, so we immediately began investigating the background of the accuser as well as all parties present during the interaction. In addition, we filed numerous motions on our client’s behalf in order to eliminate all irrelevant and prejudicial evidence. The case progressed to trial in early 2018 where we exhibited evidence the accuser had sex with our client’s friend a few minutes prior to engaging in sexual intercourse with our client. Further, the accuser stated the sexual act with the friend was consensual, thereby negating the charge of being too intoxicated to consent. We also pointed to the video, which clearly showed a non-forcible sex act, where the accuser is heard moaning. During our cross examination of the accuser, we elicited numerous inconsistencies in the accuser’s story and we were able to attack the accuser’s credibility. After a five-day trial, the jury deliberated for approximately ten hours and could not reach a verdict. The Judge declared a mistrial.

      The State of Ohio elected to bring the case again. We basically started the case over from the beginning and had to re-wind everything. Therefore, we again filed numerous motions on our client’s behalf as well as advocated on our client’s behalf at every step of the process. In addition, we investigated the backgrounds of all witnesses and performed our own independent research with the use of experts for each evidentiary item anticipated to be utilized at trial. The second rape trial was set to commence at the end of the summer 2018. Our firm tenaciously defended our client during the re-trial and focused on the video, which we were able to enhance with the use of an expert for better sound quality. Also, we again vigorously cross examined all witness, including the accuser to point out the accuser’s inconsistencies and lack of credibility. After a four-day trial and several hours of deliberating, the jury found our client not guilty.

    • Rape Case Dismissed

      Case History: Our client was at a relative’s house for a cookout and holiday party. Our client was a social person and interacted with numerous guests. Later, after the party ended, our client was invited to a sibling’s home to continue socializing. Our client’s sibling invited several people, including the guests at the cookout. Our client agreed and the evening continued. Numerous months later, our client was accused of engaging in sexual intercourse with a 15 year old and was ultimately charged with rape based on the accuser’s allegations.

      Our Defense: We interviewed several witnesses, both from the cookout itself as well as at the after party. We found the accuser claimed to be over 21 years old with a fake driver’s license. The accuser was noted to be flirtatious with our client and stayed by our client’s side most of the evening. At the after party, the accuser requested our client’s sibling invite our client. It took basic attorney work of gathering information and witness statements to establish the defense of “consent.” However, we lacked a motive for the accuser to claim rape. After further investigation, we gained access to the accuser’s cell phone records. We found the motive in those records. The accuser was in trouble at home for missing curfew the previous evening and was caught in a lie. In order to escape punishment at home, the accuser attempted to become a victim of rape. The State attempted to save its position by offering a minimal plea bargain which was difficult to decline. However, our client refused any plea bargain. We further advocated our position to the prosecutor and we were able to show the State was left with a witness who lacked credibility and a motive to lie. The State agreed to dismiss the case and our client was cleared of any wrongdoing.

      Case Number: State of Ohio, Adams County

    • Rape No Charges Filed/No Arrest

      Case History: Our client had a “hook-up” buddy. For several years our client and the acquaintance would meet strictly for sexual companionship. Our client did not consider the relationship romantic or serious in any manner. One evening after the two engaged in consensual sexual relations, the friend became angry at our client. Our client mentioned a new romantic interest and attempted to break things off with the acquaintance. The acquaintance continued to communicate with our client as if everything was perfectly okay and normal. A few days later our client was contacted by police regarding a rape investigation.

      Our Defense: We immediately contacted the police on our client’s behalf and notified them of our involvement. We also informed the investigative agencies they were no longer permitted to contact our client in any manner. We then began our own independent investigation into the accuser’s background. During this investigation, we discovered the accuser was in love with our client and did not want the relationship to end, even if it was a “hook-up” only relationship. We also reviewed thousands of text message, social media, and email communications between the two. These messages proved our client did not force or compel the accuser to do anything against the accuser’s will. The messages actually showed the complete opposite. It appeared the accuser was the aggressor and was seeking out our client for the sexual encounters. It also appeared the accuser was only making the allegations in an attempt to prevent someone else from being in a relationship with our client. Not only was the accuser taking actions inconsistent with the allegations but there were numerous holes and discrepancies in the accuser’s story. Once we asserted our position and pointed out the inconsistencies, the police had no choice but to close the investigation. No charges were filed and our client was not arrested.

      Case Number: Commonwealth of Kentucky, Fayette County

    • Rape Not Guilty

      Case History- Our client provided security for property containing large amounts of valuable scrap metal. The vast responsibility required our client to live on the property in order to adequately safeguard it. Our client caught a female stealing various items. He obtained her name and address, retrieved all the items from her, and then released her with a warning to never return. She went home, called the police, and claimed he raped her. We took the matter to trial and obtained a Not Guilty verdict.

      Our Defense- The defense for this case was simple and straight forward. The accuser had multiple versions of the story which varied significantly. Her actions as a "rape victim" also did not make sense. We proved she was a thief and drug addict who had a motive to lie. She was caught red handed stealing. If our client called the police she would go to jail. If she called the police first, and changed herself from a criminal to a "victim" then our client would go to jail. If our client went to jail, she would also have unfettered access to the scrap materials to support her drug habit. The accuser testified she felt threatened by our client to the point he was going to kill her, yet she returned to the property and began vandalizing it prior to calling the police. We destroyed her credibility when we verified she was a thief, a liar, a drug addict, and a system user.

      Case Number: State of Ohio, Hamilton County

    • RAPE No Charges Filed/No Arrest

      Case History: Our client met a person through an online dating site. The two began a relationship, however, after a short period of time the relationship was not working out. One evening, when the two were at our client’s home, our client told the accuser the relationship was over and could not continue any further as they were not compatible. When our client requested the accuser leave our client’s home so they could go their separate ways, the accuser called the police and alleged forcible rape by our client.

      Our Defense: Our client was an upstanding member of the community and such an allegation would destroy both our client’s employment and personal life. We knew we had to clear our client’s name immediately, so we began looking into the background of the accuser. We quickly discovered the accuser has a history of making false allegations. In addition, the accuser worked in the adult film industry prior to meeting our client and was attempting to extort our client for money in order to quit such industry and gain financial stability. Further, we discovered several inconsistencies in the accuser’s story, which we were able to prove via text messages, voicemails, and emails. The accuser’s actions were completely inconsistent with that of someone claiming to be a “victim” of a horrendous sexual act. When we presented our findings to the detective investigating the case, the detective had no choice but to close the investigation without filing any criminal charges and clear our client’s name.

      Case Number: Commonwealth of Kentucky, Fayette County

    • RAPE Not Guilty

      Case History: Our client was in a non-exclusive romantic relationship for several years. In early 2016, the significant other’s best friend initiated sexual conversations with our client. This escalated into sending nude pictures and increased sexually charged conversations. Shortly thereafter, our client along with the significant other, the significant other’s best friend, and a friend of our client were hanging out and drinking at the friend’s residence. While the significant other was asleep in another room, our client and the significant other’s best friend began having sex in the bedroom, while our client’s friend began recording the sexual act on a cell phone. The significant other heard the sexual encounter, barged into the bedroom, became visibly upset at the situation and punched both parties in the face. Once this occurred, the significant other’s best friend accused our client of rape in order to salvage the relationship with the best friend.

      Our Defense: The State of Ohio charged our client with two counts of rape; one by force and one alleging the accuser was too intoxicated to consent to the sex act. We knew if our client was convicted of either count, it would completely destroy our client’s life and our client would likely spend decades in prison, so we immediately began investigating the background of the accuser as well as all parties present during the interaction. In addition, we filed numerous motions on our client’s behalf in order to eliminate all irrelevant and prejudicial evidence. The case progressed to trial in early 2018 where we exhibited evidence the accuser had sex with our client’s friend a few minutes prior to engaging in sexual intercourse with our client. Further, the accuser stated the sexual act with the friend was consensual, thereby negating the charge of being too intoxicated to consent. We also pointed to the video, which clearly showed a non-forcible sex act, where the accuser is heard moaning. During our cross examination of the accuser, we elicited numerous inconsistencies in the accuser’s story and we were able to attack the accuser’s credibility. After a five-day trial, the jury deliberated for approximately ten hours and could not reach a verdict. The Judge declared a mistrial.

      The State of Ohio elected to bring the case again. We basically started the case over from the beginning and had to re-wind everything. Therefore, we again filed numerous motions on our client’s behalf as well as advocated on our client’s behalf at every step of the process. In addition, we investigated the backgrounds of all witnesses and performed our own independent research with the use of experts for each evidentiary item anticipated to be utilized at trial. The second rape trial was set to commence at the end of the summer 2018. Our firm tenaciously defended our client during the re-trial and focused on the video, which we were able to enhance with the use of an expert for better sound quality. Also, we again vigorously cross examined all witness, including the accuser to point out the accuser’s inconsistencies and lack of credibility. After a four-day trial and several hours of deliberating, the jury found our client not guilty.

      Case Number: State of Ohio, Clermont County

    • RAPE - No Charges Filed/No Arrest

      Case History: Our client met a person through an online dating site. The two began a relationship, however, after a short period of time the relationship was not working out. One evening, when the two were at our client’s home, our client told the accuser the relationship was over and could not continue any further as they were not compatible. When our client requested the accuser leave our client’s home so they could go their separate ways, the accuser called the police and alleged forcible rape by our client. Our Defense: Our client was an upstanding member of the community and such an allegation would destroy both our client’s employment and personal life. We knew we had to clear our client’s name immediately, so we began looking into the background of the accuser. We quickly discovered the accuser has a history of making false allegations. In addition, the accuser worked in the adult film industry prior to meeting our client and was attempting to extort our client for money in order to quit such industry and gain financial stability. Further, we discovered several inconsistencies in the accuser’s story, which we were able to prove via text messages, voicemails, and emails. The accuser’s actions were completely inconsistent with that of someone claiming to be a “victim” of a horrendous sexual act. When we presented our findings to the detective investigating the case, the detective had no choice but to close the investigation without filing any criminal charges and clear our client’s name.

      Case Number: Commonwealth of Kentucky, Fayette County

    • Rape, Gross Sexual Abuse Investigation Terminated, No Arrest of Client

      Case History: Our client was accused of having sex with his 16 year old daughter. This sexual abuse was supposed to have occurred since the child was 6 years old. This allegation arose in Kentucky based upon actions that supposedly happened in Warren County, Ohio.

      Our Defense: Our client denied any such act or acts ever occurred. When the police investigated, we requested they look at other evidence first before turning to our client. Specifically, our client had another daughter who was two years younger than the accuser. This daughter stated her father was never improper with her and was a loving father (who she missed because she was separated from her father because of these allegations). She also said she never witnessed anything improper between her father and sister. Our client's wife also had two children about the same age who also denied anything improper between themselves and our client. They also denied ever seeing anything improper. We also gave the police this child's mental health history, criminal history and educational history. Those histories showed a child who has engaged in delinquent behaviors in the past and lacks credibility. The police refused to press charges or continue any further investigation of our client.

      Case Number: State of Ohio, Warren County

    • Rape, Gross Sexual Imposition Client arrested but Failure to Indict

      Case History: Our client was at a friend's house when a female friend of the homeowner came over to visit. The three of them had dinner while at the home. After dinner, our client and the female began drinking alcohol. The homeowner had another engagement so our client and the female left. The female accuser said our client offered her a ride to ensure she got home safely. She alleged they both went into her apartment, but she was heavily intoxicated to the point her ability to physically resist was substantially impaired. She claimed our client came into her bedroom and forced himself upon her after she repeatedly refused. Our client was arrested and charged with rape. His friend, the homeowner, immediately contacted us to retain our services.

      Our Defense: As our client was already arrested, our initial focus was to beat the case at the preliminary hearing or grand jury. Our office requested the homeowner gather the whiskey bottle our client and the accuser were drinking from. The homeowner marked how full the bottle was when the drinking began (it was nearly full). Our client and the accuser drank almost ¾ of a bottle of whiskey. The homeowner also informed us that the accuser was flirtatious with our client and it seemed they wanted to continue getting to know each other that evening. When the homeowner, our client and the accuser were leaving, a neighbor came outside and started talking with them. The neighbor did not know our client or the accuser, but the neighbor believed they were in a relationship based on their actions. The neighbor also informed us the accuser happily got into our client's car. All this information was given to the State of Ohio. Our legal defense strategy was one of consent. All information our office gathered showed consensual conduct of the accuser. The State of Ohio failed to indict our client and the matter was concluded.

      Case Number: State of Ohio, Butler County

    • Rape, Incest, Sexual Abuse of a Minor Trial, Decision of Judge to Dismiss Our Client

      Case History: Our client was accused of molesting his minor daughter over a period of ten years. The Kentucky Cabinet filed Dependency, Neglect and Abuse charges against our client specifically alleging sexual abuse of the child. The Cabinet was encouraging our client to make an admission to the abuse finding. We refused to agree to any finding against our client and proceeded to trial.

      Our Defense: We showed how the child gave conflicting stories that were against basic principles of human sexuality. Basically, her stories did not make any sense. We also showed the Court how the child had a propensity to lie often to either gain attention or in an attempt to exculpate herself from wrongdoing. In this case, it was obvious both motives applied. During trial, at the end of the presentation of evidence by the Commonwealth/The Cabinet, our client was dismissed from the case. It was determined that the child did have behavioral issues but these issues were not in any way caused by our client.

      Case Number: Commonwealth of Kentucky / The Cabinet (DCBS)

    • RAPE, UNLAWFUL SEXUAL CONTACT WITH A MINOR Case Dismissed

      Case History: Our client was accused of having sexual intercourse with a minor. Due to age, the minor was unable to consent. The minor’s parents discovered their child had some sort of interaction with our client and contacted the police. Our client immediately contacted us before speaking with the police.

      Our Defense: We defended on many fronts. First, the State could not prove a sexual act occurred, except through the accuser’s testimony. There were substantial communications between our client and the accuser, however, none of the communication confirmed sexual activity. The State also did not have any DNA evidence. Further, we performed a significant amount of research regarding the accuser’s background and discovered the accuser had a history of claiming to be an adult on social media. Our client believed the accuser was the age of consent based upon the accuser’s assurances to our client. After numerous discussions with the prosecutor, we were able to get the State to concede the accuser claimed to be of age and also told our client such. Based upon the evidence we presented to the prosecutor, on the morning of trial, the State decided to dismiss the case in its entirety.

      Case Number: State of Ohio, Clermont County

    • RAPE/TITLE IX ACTION FOR VIOLATION OF STUDENT CODE No Charges Filed/No Arrest/Title IX Dismissed

      Case History: Our client was attending college on a scholarship and was heavily involved in extracurricular activities. Our client was very outgoing and made numerous acquaintances in the first few months school was in session. One day, out of the blue, our client received notice there was an investigation being conducted alleging our client had raped another student at the university. This allegation not only triggered police involvement for criminal charges, but it also put our client’s academic future in jeopardy as a Title IX action was initiated against our client through the University’s policies and procedures.

      Our Defense: We immediately put both the university and the police agency investigating the matter on notice no one was permitted to contact our client without our presence. Essentially, we cut off all contact between our client and the investigative agencies. Next, we began walking through our client’s every move in an attempt to figure out who would make such a serious allegation. Our client was at a loss and adamantly denied any inappropriate behavior ever occurred with anyone. Our client had never encountered anything like this and such situation caused our client great stress. We met with the school’s investigation committee and advocated on our client’s behalf. The school wanted to restrict our client’s access to certain areas around the campus and issue no contact orders with other students. This was unacceptable as our client was being wrongfully accused. Once we discovered who the accuser was, we began looking into that person’s background. We quickly discovered this person had a crush on our client and our client only wanted a non-romantic friendship, which hurt the accuser’s feelings. Our client cut off all contact with the accuser and the accuser began contacting our client daily. The accuser would even post pictures and videos onto our client’s social media accounts in an attempt to elicit a response. The accuser appeared desperate and obsessed with our client. When our client did not return the sentiment, the accuser contacted the authorities and alleged rape. After the meeting with school personnel, we also tracked down all records of the report, including witness statements and summaries of the allegations from the police department. There were many inconsistencies in the accuser’s story and our client had an alibi for the date in question. We presented our findings to the investigative committee and requested the Title IX action as well as all adverse actions taken against our client, including all school disciplinary measures and the threat of criminal charges be dismissed immediately. After numerous meetings and an abundance of written correspondence with school officials, the school agreed with our position and closed the investigation by dismissing the Title IX action. In addition, the criminal investigation was also closed without any criminal charges being filed against our client.

      Case Number: Commonwealth of Kentucky, Campbell County

    • Sexual Abuse of a Minor No Charges Filed

      Case History: Our client was accused of sexually molesting his niece. The allegation came from the ex-wife of our client's brother. It was alleged that our client made the child view pornography and perform oral sex on one occasion five years ago. Our client denied the allegations and no one in his family believed the accusations including his brother.

      Our Defense: The Kentucky State Police contacted our client to schedule an interview. Our client retained our firm before the scheduled interview. We immediately cancelled the interview and informed the Kentucky State Police that our client would only communicate through our office. Our office began an investigation into the allegations and found the child's mother, the ex-wife of our client's brother, was in a domestic dispute with our client's brother. Our client helped his brother out financially throughout the dispute. We showed the Kentucky State Police the timing of the allegations, which were over five years old. The Kentucky State Police knew they did not have enough evidence to arrest our client and they did not want to be involved in a domestic court case. The case was closed against our client and no charges were filed.

      Case Number: Commonwealth of Kentucky, Jessamine County

    • Sexual Abuse of a Minor No Charges Filed

      Case History: Our client was accused of molesting his girlfriend's 13 year old daughter. The child made a statement alleging our client placed his hands in her pants. Both the Kentucky State Police and the Cabinet immediately got involved.

      Our Defense: As soon as our client contacted us we intervened immediately on his behalf. We contacted all government agencies involved and forbid them from speaking to our client. We informed those same agencies that our office would be speaking on our client's behalf. First, we obtained all information on the allegation to see if it was possible to discredit the statement. Our office discovered the child said there was no sexual touching involved. The actual statement the child supposedly made never became clear, but our office made it clear that there was no sexual contact. Our client was vindicated from all wrong doing and no criminal charges were filed.

      Case Number: Commonwealth of Kentucky/ The Cabinet (DCBS)

    • Sexual Abuse/Rape of a Minor Case Dismissed

      Case History: Our client and his wife had custody of their grandchild. Our client’s daughter had addiction issues and was in rehab. The father of the child lived in the basement of our client’s home so he could interact with the child. The father had a history of drug abuse and did not avail himself of life opportunities such as employment or education despite his promises of such. The father denied current addiction. The grandmother took the child to the doctor for a vaginal rash. The infant child made an almost intelligible statement which suggested the child was touched by a person. The doctor contacted The Cabinet and the police.

      Our Defense: It never was known what exactly the child stated to the doctor as the doctor was not even sure. However, the doctor was required to report any suspected child abuse. As our client, the grandfather, was the male primary custodian of the child, and the doctor did not know about the father, the allegation immediately focused on our client. Our client fully complied with The Cabinet, however upon our advice he did not undergo a polygraph. A polygraph examination is junk science with no reliability. As we were convinced of our client’s innocence, and the government had nothing to the contrary, the advice to forgo the polygraph was correct. The Cabinet tried to hold the polygraph against our client. Also, we had our client and his wife search the father’s room downstairs for drugs and drug paraphernalia. Both were found. My client immediately moved the father out of their home. The matter was referred to court. After speaking with the prosecutor about all aspects of the case, including there is not even a conclusion that the child was sexually assaulted, the prosecutor agreed with us. However, The Cabinet protested to the judge for our client not taking a polygraph. After explaining our position to the judge in detail, the judge agreed and dismissed the allegation against our client.

      Case Number: Commonwealth of Kentucky, Woodford County

    • Sexual Battery Not Guilty

      Case History: Our client had consensual sexual contact with an adult woman. The State alleged this woman did not have the mental capacity to consent and that our client new of this diminished capacity. Our client and the accuser attended the same school. Our client was in the process of applying for government jobs as a firefighter but was denied employment until the case was resolved.

      Our Defense: It was our defense that this woman did in fact have the mental capacity to consent and even if she did not, our client did not know of this mental defect. We hired an expert to evaluate the case and determine the ability to consent to sexual contact. However, at trial, we did not need to call our expert to testify as we turned the State's own expert into an expert on our behalf. Essentially, the State's expert was forced to concede under our cross examination that the accuser did possess the mental capacity to consent to sex. We proved the woman did have the capacity to consent sex and our client did not know of any diminished capacity. Our client was found not guilty.

      Case Number: State of Ohio, Hamilton County

    • Sodomy No Charges Filed

      Case History: Our client was an elderly gentleman in bad health. A man in his late twenties accused our client of molesting him approximately 10 years prior. The accuser alleged that he performed yard work for our client during the summer months while in high school and our client molested him during this time.

      Our Defense: The accuser had known our client and his family for many years. The accuser was a drug addict who made several requests for money from our client. These requests were oral and in text message form. Our client refused to give the accuser money. The accuser began aggressively pursuing our client for monetary demands and threatened disclosure of alleged sexual abuse. Our client retained our firm to stop the threats and allegations. Our office gathered background information on the accuser including his criminal records. Our office contacted the accuser and made it clear that our client fully intended to defend himself against both the allegations and the extortion if he did not cease his conduct. The accuser stopped all harassment and communication with our client. No criminal charges were filed against our client.

      Case Number: Commonwealth of Kentucky, Mercer County

    • Sodomy Case Dismissed

      Case History: Our clients were two brothers that were accused of performing sadistic sexual acts on children less than 12 years of age. The children were one client's daughters and the other client's nieces. They were both indicted on two counts of sodomy. One client was serving prison time for an unrelated incident and refused to leave prison by fighting extradition to Kentucky until we could vindicate him. Both clients adamantly denied the allegations and maintained their innocence.

      Our Defense: Both clients had similar defenses. One of them had been in prison for several years in another state. The allegation against him could not have been accurate as he was in another state's penitentiary when the event supposedly occurred. The other client was also several hundred miles away in a different state due to his employment when the event allegedly occurred. We verified our client was in the other state by gathering receipts from his credit card purchases as well as work time sheets. Both indictments were dismissed.

      Case Number: Commonwealth of Kentucky, Johnson County

    • UNLAWFUL SEXUAL CONDUCT WITH A MINOR Case Dismissed

      Case History: Our client was dating a person for several months. One day, while visiting the significant other, the two were driving around and were pulled over by the police for no apparent reason. The officer inquired into their relationship and noticed a ten-year age difference. Our client was then charged with unlawful sexual conduct with a minor.

      Our Defense: We were actually retained by our client to come in as second counsel on the matter. Unfortunately, by the time our client contacted us, the client had already agreed to a plea deal which included both prison time and being on the sex offender registry. We knew we had to act quickly in order to withdraw our client’s plea and begin rebuilding a solid defense. We were essentially in clean-up mode in an attempt to fix our client’s situation and prevent a bad situation from becoming even worse. Once we met with the client and obtained our client’s position, we began by challenging the validity of the traffic stop. We then focused on the evidence the State was going to present and quickly found flaws in the manner it was collected and how it would be presented. Further, after speaking with all potential witnesses, we discovered the significant other did not want the case to go forward as the two were in a committed relationship and wished to continue such relationship. The two were even discussing marriage. Once we gathered all pertinent information, we began filing pre-trial motions with the court as well as advocating on our client’s behalf with the prosecutor. We essentially had to unwind the entire case and start from the beginning. We were able to withdraw our client’s original plea and begin preparing for trial. We knew the stakes were high because if our client was convicted, it could be life devastating. After months of discussions with the prosecutor and numerous court appearances, the State agreed major issues existed in the case and one week before the trial, the State reluctantly dismissed the case.

      Case Number: State of Ohio, Adams County

    • Unlawful Transaction with a Minor No Charges Filed, No Arrest

      Case History: Our client was accused of having an inappropriate sexual relationship with a teenage. The teenager was a foster child in the home of our client’s in-laws when our client was in the middle of an ugly custody battle. During the custody battle, our client’s ex-spouse made the allegations in order to gain an upper hand. Once the allegations were made, an investigation began.

      Our Defense: Our client contacted us after hours on a weekend. We immediately made arrangements to meet with our client in order to begin our involvement in the case. The first thing we did was sever all communication between our client and the government agencies conducting the investigation. The agencies wanted a recorded statement from our client; however, we refused to allow such to occur. Instead, we communicated on our client’s behalf and dealt directly with the agencies. We informed the agencies that while our client knew the teenager, absolutely no inappropriate behavior ever occurred between the two. After informing the agencies of our involvement, we conducted our own independent investigation. We discovered the teen was a troubled youth that ran away from the foster home. We also discovered the allegations were inconsistent with actual identifiable facts. It became obvious our client’s ex-spouse was attempting to harm our client to obtain custody of their children and used the runaway foster child as an avenue for such. Once we conveyed our findings, the agencies had no choice but to close the investigation. No criminal charges were filed and our client experienced success in the custody battle.

      Case Number: Commonwealth of Kentucky, Pulaski County

    • Unlawful Use of Electronic Device to Induce Minor No Charges Filed/No Arrest.

      Case History: Our client sent text messages and telephone calls to his minor daughter's friend. These communications were of a sexual nature. The minor's parents found the text messages and contact the Kentucky State Police. Both the Kentucky State Police and The Cabinet began an investigation to charge our client with the use of an electronic device to induce a minor into sexual activity.

      Our Defense: We immediately intervened on our client's behalf and severed all communication between the government and our client. Our client had multiple cell phones and we had them forensically examined so we could determine the content of the messages. We discovered that the cell phone owned by the minor had technical issues and was unable to store amounts of data (however some text messages were still able to be retrieved). We were requested by the Kentucky State Police to turn over his cell phone. We refused this request absent a warrant. We made it clear to the Kentucky State police that our client's family had numerous cell phones and it would be difficult, if not impossible, to prove who sent any of the text messages. The combination of issues we presented the Kentucky State Police and The Cabinet dissuaded both agencies to stop the investigation.

      Case Number: Commonwealth of Kentucky, Pendleton County