Originally Posted By: Augustus
Originally Posted By: ekpolk
The 911 call recording for us was pure gold.
Which party made the 911 call?
Apparently, if it hadn't been for that evidence (the 911 recording) your client would have lost and been sent back to jail.
Did the homeless man have a cell phone? Or was the call made from a pay phone? (Do pay phones exist any more?)
Lesson: If you're homeless at least have a cell phone?
No, my guy did not have a/the phone. If he had one, this never would have happened (see the original post, he needed change for a $20 bill so he could call his Mom for a ride). The "victim" woman made the call, and, quite stupidly in retrospect, was taunting my guy as she was on the hook with 911. Again, her torrent of verbal filth was appalling. Here's a good faith attempt to quote "closely" without "messin'" with the censor: "hey you em - effn' lazy homeless piece of filth (not the exact word she used...), nobody's gunna believe your sorry arse. . ." and so on. My guy picked up the simple assault convictions because instead of doing the "perfect" thing and walking away, he engaged them in a verbal altercation, but with no knife (that was a total lie). What I think saved his butt was that he could be clearly heard on the 911 tape too -- begging for officers to be dispatched at once. Why on earth would you do that if you had just menaced two people with a knife???? That was my "theory of the case" and, thank God, it proved to be a winner.