Harden Law Offices

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Wednesday, January 18, 2012

Jury Trial: Coos County Superior Court

State v. Michael S., Coos County Superior Court 1-17 and 18, 2012.
 
          Michael S. was charged with Criminal Threatening with a Firearm (Class B Felony), carrying a mandatory minimum of 3-6 years in the NH State Prison.  He was also charged with Resisting Arrest or Detention.
 
The State alleged Michael S. pointed a firearm at a person and threatened to blow off her head.  The State claimed to have two eyewitnesses to the Criminal Threatening who witnessed Michael S. point the gun and make a comment about blowing off her head.  Michael S. was also charged with Resisting Arrest or Detention for running away from the scene after being ordered to remain by a police officer.  The trial began on January 17, 2012, and ended today at 1:55PM.  The state called multiple police officers and two eyewitnesses.
 
During the trial there were multiple inconsistent statements made by the two supposed eyewitnesses.  The person who claimed the firearm was pointed at her head had a history of defrauding others and was shown to be untrustworthy, dishonest and lacking in credibility during cross examination.   The other supposed eyewitness completely changed her story and told the jury a third version of events.  This story was different than her statement on the date of the incident and another made prior to the trial.  Each of these versions was substantially different and cast even greater doubt on the other eyewitness.  After cross examination of the State's witnesses, the defense rested and did not call any witnesses.  The burden of proof rests with the State and based upon the evidence submitted, the defense believed that there was a reasonable doubt.
 
The jury received the case at 12:30 PM and returned a verdict of not guilty on the Criminal Threatening charge at 1:55PM.  The judge had earlier dismissed the Resisting Arrest charge finding that no reasonable juror could find beyond a reasonable doubt that Michael S. resisted arrest or detention.  This means that Michael S. was acquitted of all charges and is a free man.

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