The reliability of any witness in a courtroom is crucial to the outcome
of a case. This is especially true when it comes to
domestic violence cases. There are typically no eyewitnesses in domestic problems that involve
physical abuse and/or emotional abuse. Rather, the testimony comes down
to a “he said, she said” situation.
The jury has been selected for the retrial of a New York politician who
appealed a 2010 conviction for attempted assault and harassment of his
wife on the grounds that the defense was not able to call witnesses to
discredit the reliability of his accuser and her testimony. Last year,
he won his appeal. The conviction was overturned and he was granted a
new trial. Despite his victory in appeals court, however, his lost a promising
political career in light of the conviction, resigning from his elected
office in 2011.
This case illustrates the importance of having an experienced criminal
defense attorney to fight for the rights of the accused. Everyone is entitled
to a fair trial, no matter what type of charges they are faced with. Accusations
of domestic abuse can be especially problematic because of the emotions
involved in such cases and the incentives for not being entirely truthful.
In the midst of a divorce, for instance, a spouse could make false accusations
in an effort to gain sole custody of children. Or they could simply be
made out of spite in order to ruin a reputation. Whatever the circumstances,
the long-term consequences of domestic violence accusations are serious.
Those who are accused with such crimes may want to consult with an attorney
to determine the best course of action.
Source: New Jersey Herald, “Domestic violence retrial on for ex-mayor in
NY,” Associated Press, June 11, 2013