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SLIP AND FALL

Result: Settlement Obtained

Attorney Leah Baldacci had a client who slipped and fell in a business servicing highway traffic. Despite a bright clear day, there had been rain a few hours before. A very difficult case for both liability and damages. The client had received medical treatment which was unusually difficult to square with the injury. Leah settled the case for six times the estimated amount!

GROSS SEXUAL ASSAULT

Result: Case Dismissed After Jury Selection

Attorney Steve Smith had a client charged with Gross Sexual Assault on a friend’s 13-year-old granddaughter. After over a year of litigation, discovery, and motions the state dismissed the case AFTER the jury had been selected but before the trial started.

GROSS SEXUAL ASSAULT

Result: Case Dismissed Due to Testimony

Our client was a 16-year-old boy accused by his 16-year-old girlfriend of gross sexual assault. Although the authorities had not expressed an interest, she, through her mother, brought a protection order in state court apparently in an effort by the parents to sue the parents of our client civilly. Testimony showed that the encounter between them was entirely consensual and contrary to her sworn statement was not the first time that these two kids had engaged in sexual activity. The case against our client was dismissed.

PROTECTION ORDER FOR STALKING

Result: Case Dismissed Due to Plaintiff’s Credibility

Our client was accused in a protection order case of stalking a woman for no apparent reason. The sworn affidavit of the Plaintiff made disturbing allegations that our client was following her, pounding on her door, and screaming at her for no apparent reason. Steve Smith, through cross-examination, was able to show that the Plaintiff left out of her story that our client was accompanying her adult son and that the Plaintiff was attempting to deny her child’s father his rightfully court-ordered contact. Her credibility was thus impeached, and the case was dismissed.

GROSS SEXUAL ASSAULT

Result: Favorable Plea Bargain with Short Sentence

Because of his expertise in sex crime defense and statewide practice, Steve Smith was asked to defend a client who was accused of gross sexual assault in Machias. Although the Defendant was a repeat offender with a prior conviction for child pornography, Steve took the case to the day of jury selection.  After learning that certain key witnesses of the State were having previously undisclosed problems, Steve struck a favorable plea bargain which allowed the Defendant to be released within a few months.

SEXUAL ASSAULT

Result: Probation with No Jail Time

Defendant was charged with 40 counts of sexual assault against two minors which took place over 30 years ago. Of note was that one of the victims was a convicted murderer. After over a year of litigating the case and demonstrating the weaknesses of the case to the prosecution, Steve was able to obtain a result in which the client served no jail time and was able to return to his home state subject only to probation.

GROSS SEXUAL ASSAULT & UNLAWFUL SEXUAL CONTACT

Result: Under Advisement of the Law Court

On September 11, 2018, Steve argued before the Law Court in the case of State v. AJ. Steve tried AJ’s case in 2017 and although AJ was charged with both gross sexual assault and unlawful sexual contact, after a 3-day long jury trial, AJ was acquitted of the most serious charges. However, the jury found him guilty of simple assault and unlawful sexual contact. Steve appealed the case to the Maine Supreme Judicial Court and argued that the admission of a sexual assault kit, otherwise known as a SANE Kit, generated by the hospital was a report generated for police purposes, as opposed to medical purposes. This is a case of first impression in Maine, the Law Court has taken the matter under advisement.

SLIP AND FALL

Result: Settlement Obtained

Steve’s client was walking at a McDonald’s and slipped on ice near the walkway. Although slip and falls in Maine are difficult cases, Steve was able to obtain a favorable settlement from McDonald’s Corporation.

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