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Gary Wenkle Smith |
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Trial Victories |
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Karen N. |
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Karen N., who had no criminal history, was accused of trafficking a large amount of methamphetamine with her husband. Her case was tried in federal court in Los Angeles. Her husband had been on the run from another federal case at the time they were arrested. Even though Karen's involvement in the crime was not apparent, as her husband had told law enforcement that she did not know that the drugs and the gun were in his briefcase, the U.S. Attorney still filed the case against her. An offer was made that her husband would get five years less, meaning he would serve twenty years, if Karen would accept a plea to five years for the gun. She was willing to take the deal in order to save her husband from serving an additional five years. There were no fingerprints on the gun offered as evidence, and it was in the same briefcase as the drugs. Karen had her own suitcase in the car, without any contraband inside it. After her husband pled guilty, and the court was inquiring of Karen whether she possessed the firearm "during and in relation to a drug trafficking crime", I asked the Judge whether we could have a few minutes in private. We returned to the courtroom a few minutes later, and Karen refused to admit the crime. The Judge actually seemed pleased that we were going to trial. The case was not complex. However, the arresting officer seemed to have difficulty with the truth, and the jury agreed that he should not be believed. Moreover, when Karen's husband testified that she did not know about the drugs in his briefcase, his testimony was sincere and credible. The jury found Karen not guilty in a couple of hours. |