The experienced criminal defense team at Kitay Law Offices recently achieved a significant victory with the acquittal of our client, Andrew G., in the Berks County Court of Common Pleas. Charged with Theft by Unlawful Taking, a second-degree misdemeanor, Andrew faced the difficult reality of clearing his name in a case fraught with incomplete investigations and inconsistent testimonies. Here’s how our attorneys, Kimberly Lennox and Sarah LaMaster, successfully defended Andrew and upheld his right to a fair trial.
Attorney Kimberly M. Lennox, Esquire
Andrew G., a former cable technician, was accused of stealing a Harry Potter wand, valued at $150, while servicing a homeowner’s devices. Despite the lack of direct evidence, the charges followed claims from the homeowner and an alleged confession cited by the investigating trooper. This supposed confession resulted in Andrew’s termination from his job even before charges were filed. Andrew, determined to maintain his innocence, courageously declined an Accelerated Rehabilitative Disposition (ARD) program offer, which would have resolved the charges with conditions but left a stain on his record. His choice to proceed to trial was not just about clearing his name; he intended to build a foundation for seeking justice for his wrongful termination.
Attorney Sarah E. LaMaster, Esquire
The two-day trial presented numerous opportunities to highlight weaknesses in the Commonwealth’s case against Andrew. Attorneys Sarah LaMaster and Kimberly Lennox took a strategic and dynamic approach to each stage of the proceeding.
Sarah LaMaster opened the trial with a compelling statement that outlined Andrew’s determination to fight these charges and the significant flaws in the case against him. One of the central points? The lack of direct evidence linking Andrew to the alleged theft. The prosecution relied heavily on the testimony of the homeowner and one independent witness, a colleague who worked with Andrew at the time of the visit. Throughout the day, Sarah expertly cross-examined the prosecution’s witnesses, drawing attention to inconsistencies in their accounts.
Remarkably, the independent witness’s testimony contradicted the homeowner’s claims and aligned more closely with the defense’s narrative. The individual confirmed there were no indications of theft during the service call, undermining the prosecution’s efforts to establish a clear link between Andrew and the missing item.
The defense team faced a pivotal moment on the second day of the trial as Andrew took the stand to testify in his own defense. His testimony reinforced his innocence and characterized the accusation as baseless. Andrew’s calm and credible demeanor resonated with the jurors, further weakening the prosecution’s case.
The defense closed with a remarkable argument by Kimberly Lennox. Highlighting the lack of diligent investigation by the lead trooper, Kimberly made a thought-provoking comparison, stating that each juror had spent more collective time in the courtroom than the trooper had investigating the case. Her precise and persuasive delivery solidified the defense’s position and cast doubt on the thoroughness of the prosecution’s evidence.
After just 32 minutes of deliberation, the jury returned a unanimous verdict of Not Guilty. Not only did this decision vindicate Andrew, but it also underscored the importance of addressing inadequate investigations and baseless accusations within the legal system. The verdict allowed Andrew to reclaim control over his professional and personal life.
The outcome of this trial reflects Kitay Law Offices’ unwavering commitment to justice and the rights of the accused. Here are three key takeaways for those facing similar circumstances:
Skilled and thorough legal representation makes all the difference when facing criminal accusations. Attorneys Kimberly Lennox and Sarah LaMaster brought their extensive experience, critical analysis, and advocacy skills to every stage of Andrew’s defense, ensuring his side of the story was fully and effectively presented.
This case highlights the dangers of accusations that rely on incomplete investigations and uncorroborated evidence. Had Andrew accepted an ARD offer, he may never have had the opportunity to prove his innocence.
Every accused individual has the right to a fair trial and the opportunity to challenge accusations. Andrew’s courageous decision to pursue a trial, rather than opting for the ARD program, is a powerful reminder of the value of this right.
Cases like Andrew G.’s demonstrate what’s possible when experienced, dedicated legal professionals take on a case. Attorneys Kimberly M. Lennox and Sarah E. LaMaster consistently deliver results rooted in their in-depth understanding of criminal law, exceptional courtroom strategy, and commitment to advocating for their clients.
If you or someone you know is facing criminal charges, don’t leave the outcome to chance. Kitay Law Offices has a proven track record of defending clients and fighting for justice in Berks County and throughout Pennsylvania. Call 1-888-KITAY-LAW to schedule a free consultation today.
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