Fort Lauderdale, FL (PRWEB) August 25, 2012
Hosein fought for her rights for an entire year. This included a request by Kotler to dismiss the charges based upon the police destroying video evidence and failure to secure video surveillance from an adjoining building. After the facts were presented in the case, she was found not guilty at the end of a jury trial that lasted one day.
As shown at a jury trial in front of Judge Mary Rudd Robinson what began as an alleged altercation between a woman and Fort Lauderdale police ended in her acquittal, as witnesses testified that police destroyed video footage of what really happened.
According to case No. 11-015766MM10A, the State of Florida vs. Nadira Hosein, as heard in the County Court of Broward County, Florida, Hosein’s attorney, David Kotler of SCHWARTZ, GOLD, COHEN, ZAKARIN & KOTLER, P.A. sought the dismissal of all charges against Hosein due to an act of bad faith on the part of the Fort Lauderdale police.
In the motion to dismiss by Kotler and offense report 11-72694, it was told that Hosein was charged with a Probable Cause affidavit of battery on a law enforcement officer, a third degree felony; disorderly conduct; and resisting without violence.
A review of the Court file shows that the Battery on a Police Officer was bound down to a misdemeanor battery at arraignment.
At trial Hosein testified and denied the allegations against her by the Fort Lauderdale officers involved in the incident. They alleged that she had spit on one of them and responded to them with violence. She testified that she did not spit on an officer and that the officers had destroyed the evidence of what occurred, which would prove her innocence.
According to the complaint affidavit, it was alleged that Officers Torres and Silver of the Fort Lauderdale police were responding to an argument that Hosein and several others were involved in at the Riverfront Complex near Las Olas Blvd. Those involved were asked to leave the area and were followed by the officers to ensure they did so. Officer Torres wrote in his report that Hosein turned and “spit on Officer Silver.” The report then states that the officers grabbed Hosein and told her she was under arrest.
Later in the report, Officer Torres alleged Hosein resisted handcuffing by kicking and flailing her arms and legs to then pull her arms away. After she was handcuffed, she was taken to jail.
It was proffered in a Motion to Dismiss filed by Attorney David Kotler that during the discovery phase of the case, it was found that Hosein’s boyfriend, Mohammad “Nazir” Hussain began a cellular phone video recording of the interaction between Hosein and Officers Torres and Silver. It was contended that when police saw the boyfriend recording the interaction, he was detained and his cellular phone confiscated. A second individual present during the incident, Mohammad “Nazir” Hussain’s brother, Mohamad “Safaraz” Hussain, stated that officers did take the memory card from the phone.
According to the Motion to Dismiss and testimony at trial, when the phone was returned, all photos and videos had been removed from it. Mohamad Safaraz Hussain was able to present a property receipt to Kotler as evidence that showed the phone was returned to him and not the correct owner, his brother. This receipt was presented as evidence to the court that the phone was, in fact, confiscated. Additionally, evidence of a replacement card being purchased was presented.
Ultimately, Boca Raton Attorney David Kotler was able to vindicate his clients rights.