* All identifying information had been edited to protect client confidentiality.
Eduardo was charged with assault and assault with a weapon (a knife).
Eduardo and his ex-girlfriend were yelling at each other. She called 911, but hung up without speaking to the operator. The police arrived anyway. Eduardo’s ex-girlfriend alleged that about one year before, Eduardo had physically assaulted her and thrown a knife at her.Eduardo came to Brett McGarry after his initial lawyer advised him to plead guilty. A conviction would have certainly carried jail time for Eduardo. He would have lost his job and his family would have suffered financially.
Brett McGarry examined all the court files in the custody/child support dispute between Eduardo and his ex- girlfriend.Using the complainant’s sworn affidavits, Brett McGarry constructed a cross-examination to show that the ex-girlfriend’s story concerning Eduardo’s violence was implausible. Eduardo was thoroughly prepared to testify at trial and to withstand cross-examination by the Crown prosecutor.
The ex-girlfriend was cross-examined in great detail and surprised with her sworn family law affidavits. Eduardo was found not guilty of all the domestic assault charges. The judge found that the complainant’s story was unlikely and that Eduardo was believable.