In early 2024, I was hired to investigate an aggravated assault case. My client faced accusations of violently attacking his girlfriend. The initial police reports painted a dire picture for the defense: the apartment was described as being covered in blood, and the complaining witness (CW) alleged that my client struck her over the head with a hammer. On the surface, it appeared to be a straightforward case of domestic violence.
Cases like these, involving clear allegations of physical injury, often devolve into a contentious “he-said, she-said” scenario. At first, I anticipated a relatively routine investigation: reviewing the discovery materials, interviewing available witnesses, and attempting to engage with the CW to gauge her current stance on the incident.
I approach every investigation with a dedication to thoroughness, a key aspect of effective defense work. Experience has taught me that no case is ever as straightforward as it appears. Relying solely on law enforcement documentation, no matter how comprehensive, risks missing critical context. Thus, I adhere to a core investigative principle: never assume. Always dig deeper, even when the evidence seems insurmountable.
The Initial Investigation: A Deeper Look
The investigation began with a review of the probable cause affidavit, the offense report, and the responding officer’s bodycam footage. The footage captured a chaotic scene, showing the CW in visible distress and covered in blood. Her statements, recorded in the heat of the moment, depicted my client as the aggressor. At this stage, the narrative appeared consistent with the prosecution’s case: a distressed victim, corroborative testimony, and compelling physical evidence.
Despite this, my client adamantly denied the allegations. He described the incident as a culmination of long-standing manipulation and emotional abuse by the CW. His account suggested that the relationship’s dynamics, spanning multiple jurisdictions, might hold the key to understanding the events in question. This prompted a critical question: what could the history of their relationship reveal?
Uncovering the Past: The Role of “Handlebys”
Recognizing the importance of context, I began a comprehensive investigation into the couple’s history. Drawing on the limited information provided by my client, I submitted open records requests, also known as “handlebys” which refers to when an individual has been “handled by law enforcement”, to jurisdictions in their prior state of residence. While the CW’s initial profile suggested no significant criminal history, experience has taught me that appearances can be deceiving.
Because records are so crucial to the investigative process, my firm has a designated records specialist whose expertise in navigating open records requests proves valuable in cases like these. She is an expert in understanding the nuances of FOIA and state-specific open records laws, as well as the intricacies of HIPAA when dealing with medical or mental health records. She knows exactly how to word requests to maximize their effectiveness. In this case, the request was broad– covering everything from police reports to extraneous allegations in the CW’s past, as well as any mental health evaluations or histories of substance abuse, both of which might be relevant.
The Discovery: A Pattern Emerges
The results were startling. Over 35 records emerged, detailing a consistent pattern of allegations by the CW against various individuals. These incidents, strikingly similar to the current case, described violent confrontations, accusations of abuse, and claims of physical harm. While details varied, the core narrative was unmistakable.
Armed with only redacted police reports, we requested the District Attorney’s office seek unredacted versions from all jurisdictions where prior incidents occurred. Thankfully our attorney saw the value in these records and fought for a hearing where the judge ruled in our favor. With all the information, I began interviewing individuals named in the reports. Many were former partners of the CW, who recounted similar experiences: allegations of violence followed by significant inconsistencies in her statements and actions. While some hesitated to engage, their collective accounts revealed a pattern that undermined the credibility of the CW’s claims.
Implications for the Defense
These findings fundamentally shifted the case’s trajectory. While the records did not definitively exonerate my client, they introduced reasonable doubt by highlighting the CW’s history of emotional volatility and questionable allegations. The information provided critical exculpatory evidence and enabled the defense to contextualize the relationship’s dynamics and challenge the credibility of the CW’s claims.
A Crucial Lesson for Defense Practice
This case underscores the transformative potential of handlebys in criminal defense. The insights gained from a meticulous review of an individual’s history can illuminate hidden patterns and reshape the narrative. For defense attorneys, incorporating these records into their strategy is essential.
Ultimately, this case did not proceed to trial. The prosecution, confronted with the new evidence, offered a favorable plea deal that spared my client a lengthy prison sentence. The resolution was a testament to the power of thorough investigation and the critical role of handlebys.
