First Degree Rape Dismissal
A.G. was charged with first degree rape in Tulsa County District Court by the Tulsa County District Attorney for the alleged forcible rape of a 17 year old female in Owasso OK. The Defendant A.G. hired me to defend him against the false criminal allegations.
A.G., in his early 20's, had a party where several local high school kids attended. Alcohol was present and there were allegations of other drugs being present. A.G. and the 17 year old female, the alleged victim, began to make out according to some at the party. Others later said that there was never consensual contact.
A.G. and the alleged victim went to A.G.'s bedroom where they engaged in sexual intercourse. At some point the alleged victim began to scream and her friends ran into the room. The alleged victim went outside with her friends. A.G. followed out to his front door. When outside some neighbors heard the commotion, came out and began to beat up A.G. At that point the police ran onto the scene and stopped the fight/beating.
The police had a new technology in use this night called Vievu. Vievu are audio and video recorders that law enforcement wears on their uniforms. When the officer activates the unit he or she is wearing, the audio and video begins to record. When I first received discovery, or the evidence, from the Tulsa District Attorneys office the recordings were not included.
I also called the witnesses listed in the police reports. Some of the witnesses would not speak with me because the prosecutor had told them not to talk. Further, I uncovered a vital witness that was not listed in the police reports. I forced the government to turn over the audio and video recordings of the police running onto the scene when A.G. was being beaten up and the subsequent investigation. The subsequent investigation lasted for about six hours after the police initially came onto the scene. In that six hours the victims every word was recorded with video.
I convinced some of the witnesses to speak with me that the prosecutor had told not to talk. Some of these witnesses revealed vital information and in some cases conflicted with what was in the evidence.
I also went about reviewing the many hours of audio and video from the various officers and in finding the vital witness that was not in the police reports. After a significant investigation, using a private investigator, I found the missing witness and she had hugely important information that showed there was never a rape. I also did an extensive investigation into the background of the alleged victim. It was uncovered that the alleged victim made a false allegation of criminal sexual conduct about a year before the allegation against A.G. This false allegation was against a close relative and was proven to be false in a court of law.
After the Tulsa County prosecutors realized the menacing case that I had put together they offered a deal. The deal was turned down. The government's attorneys eventually dismissed the first degree rape. A.G. walked home a happy and free man.