Bristol Myers

Attorney-at-Law

Criminal Law Austin, Texas

Various Clients & Their Cases

Criminal Defense

State of Texas v. Mark S.

Description

Intoxicated, my client wanted to make a “booty call” and stay over night at the apartment of a female co-worker who lived close to their job. She says he can come over and sleep on her couch, but there will be no sex. She claims my client entered her bedroom and forced himself on her before passing out in her bed. When my client left the next morning, the accuser called a friend who came over right away. A sexual assault nurse examiner (SANE) testified as an expert witness that the accuser had injuries consistent with a sexual assault.

Case Overview

Again the path to victory was opened by way of solid and persistent cross-examination. By simply taking the accuser's story step by step and getting more detail, her story became more and more convoluted. I cornered the accuser into admitting she'd had consensual sex with my client on previous occasions (sometimes in a rough manner) and that she'd crawled back into bed with him (both of them naked) after the alleged assault, when she had supposedly just "gotten away from him" and continually said "no."

This would not necessarily have been enough to secure the win. After all, we can't expect a sexual assault victim to behave rationally or have a perfect memory of the traumatic event, can we?

The prosecution called the accuser's friend to testify as to what she saw that morning and the accuser's demeanor. Of course, she said that the accuser looked shell shocked, upset, like she had been raped. What I found interesting was that the police were not called until 5 hours after the friend arrived. I also noticed that the friend seemed to have a vested interest in the outcome of the case. After pinning down the timeline, I asked the friend if she was herself the victim of a violent crime, and she said she had been sexually assaulted, too. I was also able to get from her that the police were called soon after she and the accuser received a call from the accuser's workplace indicating that my client had mentioned having sex with her. The jury found my client not guilty.

Outcome: Not Guilty