Jury Finds Client Not Guilty of Child Sex Abuse

KYLE T.

Kyle came to me a couple years back, having been represented by another attorney in the first phase of his case. From when Kyle was first charged up through the preliminary hearing, he was represented by another attorney. Now, that other attorney was not a specialist, nor did he devote himself exclusively to sex crimes. Heck, the attorney didn't even practice exclusively in criminal defense. The attorney was a general practitioner with most of his experience in family and domestic law.
Kyle came to me after the preliminary hearing and said he needed to change lawyers. He needed an attorney that was dedicated exclusively to the very charges for which he had to go to trial on. He wanted somebody that all day, every day, all they did was sex cases, and that they were comfortable and successful in trial handling sex cases.

Kyle came to me pretty scared because the charges against him were very serious. He was charged with child sexual abuse of his then 10 year-old daughter. As the story went, he was accused of, in the middle of the night, reaching over and placing his hand down his daughter's underwear and touching her vagina.
As we started the process, we implemented the 10-step Berlin Defense System, the very proprietary defense system that we use here at the Berlin Law Firm, and we implemented that, and we went through it diligently. In the process of doing that, to me, it just jumped off the page that Kyle was innocent and that he should not have been bound over for trial. The case shouldn't have even made it past preliminary hearing, so I filed a Motion to Quash, which is a motion that we file with the judge telling them that the previous judge that heard the case had made a mistake, and that it should be dismissed and that Kyle shouldn't have to go to trial on it.
We lost that motion for whatever reason, and the judge made the case continue on to trial. I took a very aggressive posture with the prosecution on this case, and told the prosecutor that we would more than likely set a new courthouse record for an acquittal, meaning that the jury would be out for such a short period of time and return a not guilty verdict that she would be shamed out of the courthouse and that she needed to dismiss the case. To me, it was clear.

The state of Oklahoma recommended, I kid you not, 25 years in prison, for my guy. I can tell you all day long when I looked at that case, there wasn't a moment I was ever concerned that a jury would find him guilty.
So we ended up having to take the case to trial, and we were in trial for five days on this matter. After the jury retired to deliberate, the jury was out a little bit longer than an hour. When the jury came back, they found Kyle Not Guilty.

Now, in discussing the case with the jury after the trial was over the jury stated that they had actually reached a not guilty verdict 11 to 1 five minutes into their deliberation. The one that was holding out wasn't saying that he felt that Kyle was guilty, he just wasn't sure which way he should vote yet, and he needed his 15 minutes of fame, and so the rest of the time involved the jury simply going through the evidence again to give this one juror their 15 minutes, and at the end, he fell in line with everyone else.
The jury was so committed to this case and to the innocence of Kyle that after the case was over with, five of those jurors knelt with my client on the grass outside of the courthouse, hand in hand, and prayed with him and for his family.

Have You Been Charged With a Sex Crime in the Tulsa, OK Area?

If you or a loved one has been charged with a sex crime in the Tulsa, Oklahoma area you need to speak with an experienced Oklahoma sex crimes lawyer as soon as possible. Please contact us online or call 913.384.0850 for your free consultation. We are proud to serve Tulsa and all surrounding areas.