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Man Stands Trial Twice for Same Offense of Domestic Battery: Rolling Meadows Criminal Defense Lawyer Wins Both Trials
Rolling Meadows Criminal Lawyers | Defense Attorneys | Third Municipal District Court of Cook County | Petition to Expunge Arrest Record or Supervision | Seal Criminal Conviction or Probation | Traffic Tickets and Moving ViolationsLewis Gainor misses family's Thanksgiving for client's cases. Client is found not guilty... twice.

Rolling Meadows criminal lawyer Lewis Gainor recently defended a man who was accused of more than one charge of domestic battery and facing up to one year of jail time, and got the best result. When he took over the man's case, the man was being held in the county jail under a cash bond for his numerous charges.

 

Deputies of the Lake County Sheriff arrested the man on September 22, 2005 for the offense of domestic battery. His ex-girlfriend had accused him of beating her at her home when they argued about breaking up. They placed him into handcuffs and took him to jail.

 

The young man was able to post bond, and therefore, the jail released him pending further court dates. He made the mistake of talking to the young woman again only four days later, on September 26.

 

Unlawful Visitation Interference | Cook County Offense for Domestic Battery | Violation of an Order of Protection | Rolling Meadows Defense | Felony and Misdemeanor Charges

Illinois Double Jeopardy Protection | Standing Trial for the Same Offense | Witnesses Sworn Triggers Constitutional Protection | Cook County Trial | Chicago Domestic Battery Not Guilty Verdicts

 

On that day, he went to get his belongings from the woman at her workplace. She had ended their relationship and packed up his property into her car. She was most likely going to throw it all into the trash rather than return it to him.

 

She worked for a company located in Gurnee, Illinois. He met her in the parking lot and asked for his belongings. They began to argue, and she walked back inside the company.

 

Only minutes later, the Gurnee police showed up, and put him under arrest. She had called them from inside the company and accused him of beating her again. The woman had even persuaded a friend at the company to lie for her and tell the police that she saw the man beating her in the parking lot. The Gurnee police officers placed him into handcuffs and transported him to jail.

 

This time, the judge would not release Lewis Gainor's client. The judge locked him in jail and set the matters for trial.

 

Lewis Gainor appeared for the man in court on November 23, 2005 and demanded that the prosecution prove the charges beyond a reasonable doubt. The charges from September 22, 2005 went to trial first.

 

The woman arrived in court, and took the oath. She testified that Lewis Gainor's client had beaten her that day.

 

The court found the man not guilty of all charges.

 

Cook County Jail for Domestic Battery Case | Rolling Meadows Third Municipal District | Petition to ExpungeBut the client's ordeal was far from over. He still faced up to one year of jail on the charges related to the incident in the parking lot on September 26. The count jail placed the man back into his cell.

 

It was coming onto Thanksgiving in the next few days. Lewis Gainor looked his client in the eye and promised him that he would get him out of jail.

 

Rolling Meadows criminal attorney Lewis Gainor opted to stay home for the holiday and prepare the man's defense, while his family ate Thanksgiving dinner elsewhere. When the holiday weekend was over, Lewis Gainor returned to court on November 28, 2005, and again demanded a trial.

 

This time, he selected a jury for the case, and the second set of charges went to trial. Yet again, the woman showed up to testify against Lewis Gainor's client. She also brought her friend from the Gurnee company to add that she, too, saw him beating her.

 

Lewis Gainor made his closing argument to the jury, saying, 'This case is about a woman who is using the police to punish her ex-boyfriend.'

 

The jury deliberated for less than one hour. When they returned to the courtroom, the foreperson handed the verdict to the deputy.

 

The jury found him not guilty of all charges. Lewis Gainor won two acquittals for the man in less than one week. He was released that night.

 




Third Municipal District Court Prosecution | Cook County State's Attorney Rolling Meadows Trial

 

 

Court Records

Charging document - case number one.pdf 585.5KB
Court minutes - first not guilty verdict.pdf 301.3KB
Charging document - case number two.pdf 336.4KB
Court minutes - second not guilty verdict (client released).pdf 304.2KB

Names removed for privacy.