On Monday, I was scheduled to being a week long sex offense Jury Trial. On the morning of the first day of the Jury Trial, the Deputy District Attorney stood up and said,
“Judge, based on all the work Mr. Bresee has provided to me and this provided to this Court, I cannot win this trial. I am moving to dismiss the case in its entirety”
This week I will begin working on sealing the client’s record.
This case represents so much about what is both good and bad in our legal system.
First that anyone can be accused, or falsely accused, of a serious crime. Sometimes the more serious the crime the less checks and balances seem to exist to stop and question if this person should be charged with a crime.
Second that handling a criminal case is sometimes described as a marathon, and not a sprint. It is not important that your attorney wins every bond reduction or bond modification argument, every motion, every objection and every issue. What matters is at the end do we win the war.
Finally, this case illustrates that the Justice System does NOT always work as well as we think it should or want it to work. Do yell to anyone who will listen that they are wasting taxpayer money, they are paid to be there regardless if they go to trial or are in their offices pushing papers. Why was this case not dismissed months ago? Why did they wait until the last possible second? When did they know and decide that they were dismissing the case and why only announce it on the morning of trial as we paid to have witnesses served on subpoena, paid for an expert, paid for an investigator, and that the Client and I spent hundreds of hours together and separately getting ready for the Client’s Jury Trial?
The answer is the system does not always work, and it certainly does not always work as we would like it to work, but as my client said as he was crying while hugging me…
“Thank you, you saved my life.”
Sometimes it is important to remember that while it may seem to work in mysterious ways; sometimes it does work.