It must be noted that the results in each case discussed below were not achieved by tricking the jury. The cases were won by presenting the whole truth. The prosecution’s version of events was incorrect or incomplete and the accused was in fact not guilty of the alleged offenses.
The case of Mr. D.:
Alleged charges included Kidnapping for Rape, Rape with GBI, Assault with GBI (Great Bodily Injury) and Sodomy with GBI. Mr. D. was facing a minimum of Life in Prison.
The prosecution claimed that a Mr. H. reported to 911 that a man was raping and killing a woman in an alley behind a liquor store on Chapman Ave. Police commenced a dragnet search of the area with helicopters, dogs and all available units. Police claimed that Mr. D. was found in a flood control channel, covered in blood from head to toe with his penis protruding from his pants. The victim was discovered in a nearby bush drowning in her own blood with every bone in her face broken. She suffered permanent brain damage as the result of her injuries and required extensive reconstructive surgery.
Mr. H. identified Mr. D as the perpetrator and when the victim regained consciousness she also identified Mr. D as the perpetrator.
At trial Mr. Scharf, proved it was reasonable to believe the victim was mistaken and Mr. H. was lying. Mr. D was not the perpetrator; actually he was trying to help the victim when police discovered him. The jury returned verdicts of not guilty on all charges except the Sodomy and Kidnapping which deadlocked eleven to one for not guilty. A mistrial was declared as to those charges.
The prosecution refused to drop the case and a second trial was conducted on the deadlocked charges. Once again, Mr. D. was facing life in prison.
At the second trial, Mr. Scharf proved it was reasonable to believe that Mr. D. was not the perpetrator. There were in fact two perpetrators. One was Mr. H. the man who reported the crime to 911 and the other was a man known only as “Black” who was similar in appearance to Mr. D. but was universally feared by everyone that knew him. Mr. Black had more than forty prior felony arrests, including an identical rape, but was rarely convicted because witnesses refused to testify against him. Mr. Scharf tracked down Black and put him on the stand. The jury found Mr. D. not guilty of all charges. Jurors confronted the prosecutor in the hallway after the verdict and demanded to know why Mr. H and Mr. Black were not being prosecuted. Case Dismissed.
The case of Mr. M.:
Alleged charges included Possession of narcotics with state prison priors.
The prosecution claimed that during a parole search of Mr. M.'s motel room, police found a syringe in plain view on a nightstand, 1.5 grams of methamphetamine and a "hype kit" with 4 syringes in the closet.
At trial Mr. Scharf discredited the police version of events. The jury found Mr. M. not guilty of all charges. Case dismissed.