Los Angeles, CA (PRWEB) February 28, 2013
Highly experienced Wallin & Klarich criminal defense attorney David R. Cohn, recently represented his client, a former marine, against charges of Attempted 1st Degree Murder (Penal Code 664-187), Attempted 2nd Degree Murder (Penal Code 664-187), Sexual Penetration by Foreign Object w Force/Violence (Penal Code 289(a)(1)), Attempted Sexual Penetration by Foreign Object w Force/Violence (Penal Code 664-289(a)(1)), Criminal Threats (Penal Code 422), False Imprisonment (Penal Code 236) and GBI (Penal Code 12022.7). The former marine with no prior criminal record was facing 16yrs to life in prison and lifetime sex offender registration.
"Out of all my trial victories over the years, this one is one of my most satisfying,” said Mr. Cohn after the verdict. “This was a fair and just verdict."
According to San Bernardino County Superior Court record, the prosecutor utilized the shock value and emotional impact of the photos, the sex toys, the victim’s emotional statements at the scene, and the neighbor’s emotional 911 call and testimony. Despite the extraordinarily bloody scene, inflammatory photos, numerous sex toys, leather restraints, 911 call, and overwhelming emotional testimony of prosecution witnesses, Mr. Cohn was able to convince the jury that his client was not guilty of attempted 1st or 2nd degree murder, any forced sex charges, and that he did not threaten to kill the victim as she testified.
Mr. Cohn questioned the incomplete investigation of the scene and case (no blood analysis, no forensics, no DNA, no follow up re location of the victim’s clothes) attacked the victim’s countless inconsistent and illogical statements, and asked the jury to set aside their emotion, bias and sympathy, as they promised to do as jurors, and consider the evidence submitted by both the prosecution and defense (which included his client, a psychologist, character testimony from other sexual partners, and evidence of the effects of alcohol intoxication on a person’s mental state) according to Wallin & Klarich.
Mr. Cohn argued that this was a case of mutual, intoxicated, consensual sex between his client and the victim, which led to a later argument over magazine sales, the physical assault suffered by his client during a struggle between his client and the victim. Mr. Cohn argued that this was a case of Attempted Voluntary Manslaughter due to a sudden quarrel and heat of passion, in which his client was provoked by the victim and thereafter acted rashly under intense violent emotion without reasoning or judgment. Mr. Cohn argued that the scene and evidence corroborated that theory if the jurors could look past the emotion impact of the initial scene and bloody photos.
The jury deliberated for 2 days and found the former marine guilty of Attempted Voluntary Manslaughter with GBI (great bodily injury) and False imprisonment. As a result, Mr. Cohn’s client is now facing 5-9yrs in prison and avoids sex offender registration.
About Wallin & Klarich
As a premiere criminal defense and family law firm based in California, Wallin and Klarich (http://www.WKLaw.com and http://www.WKFamilyLaw.com) has been assisting clients from across the country for over thirty years. The firm believes that every person is entitled to the highest quality legal assistance when it comes to facing difficult situations and has committed all of its resources to aggressively defending its clients. The firm has established itself as one of the most successful in the nation when it comes to defending against charges of DUI, criminal matters and sex crimes, and is acknowledged for successfully handling divorce and child custody cases. By making certain that our clients legal rights are always protected we take the “fear” out of the legal fight.