Man faces jail for domestic battery. Lawyer defends him at trial. Jury finds him not guilty.
This client was a young man who was ending a tumultuous relationship with his girlfriend when a domestic dispute occurred. He was a resident of Waukegan, Illinois, near Lake Michigan north of Chicago.
They had been arguing on the night of June 7, 2006. He decided to leave her apartment, and a fight ensued.
The Waukegan Police Department received a 911 emergency call from the woman, who was hysterical. They sent squads out and police officers entered the apartment. They found a bloody kitchen, with knives scattered on the floor. The prosecutor charged him with an Illinois criminal charge of domestic battery.
Cook County criminal lawyer Lewis Gainor appeared on the man's behalf in court to answer the charges. He demanded that the State of Illinois prove the charges beyond a reasonable doubt.
The case went to a jury trial in July of 2006. Twelve jurors sat through days of testimony. They saw the bloody photographs. They saw the injuries. They listened to the recording of the 911 call.
The State's Attorney's Office told the jury that they had to convict the man. They wanted him to go to jail.
Cook County criminal defense attorney Lewis Gainor stood before that jury and made his closing argument. He told them that they could never be sure of what happened in that apartment, and that the woman's 911 call could have been made as a cover-up because she was the attacker.
The jury deliberated for less than one hour. When they returned, they rendered their verdict: not guilty.