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Strategic Decision in Domestic Case

When RD was charged with assaulting his ex-girlfriend, he instantly felt all of the collateral consequences of just being accused of a domestic crime.  The Family Court became involved, and RD lost his visitations with his children.  He was devastated and motivated to beat the charge.  He went to trial in District Court with a different attorney, and lost.  Thankfully, he decided to appeal the case to Superior Court (because Rhode Island allows for a jury trial in Superior Court even if you have lost a misdemeanor bench trial in District Court) and Kara Hoopis Manosh joined the defense team for the new trial.  There was one piece of evidence that the State didn't have, so Kara decided not to file for Discovery so she didn't have to turn this evidence over to the State before trial.  At the trial, the ex-girlfriend testified to her story and told the jury that RD had attacked her when she went to pick up their children.  She was shaking, crying and very believable.  On cross-examination, Kara played the jury the 911 call (that RD had placed!) and the entire courtroom heard what really happened- it was the ex-girlfriend who had flipped out on RD, screaming and threatening him as he asked for help because he was in fear for his children. Her tearful presentation to the jury was exposed for the lie that it was.  RD was found Not Guilty and the Family Court gave him his custody and visitation rights back soon after.  

Practice area(s): Domestic Violence

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