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Lothstein's First Degree Assault Jury Trial Results in Nine Not Guilty Verdicts

Earlier on this page, we reported that Ted Lothstein has been in a First Degree Assault jury trial all week in the Hillsborough County Superior Court-South in Nashua, representing Cyrinus Franklin “Frank” Morris. The Nashua Police and Hillsborough County Attorney's Office alleged that he committed violent felony domestic violence crimes against his girlfriend "C.C.", causing her to suffer serious bodily injury, a subdural hematoma and subarachnoid hematoma (brain injuries).

The Verdicts - Not Guilty on All Charges

Yesterday at 11:00 a.m., after a four-day jury trial, a unanimous jury found Mr. Morris NOT GUILTY on three indictments alleging Class A Felony First Degree Assault, and not guilty on three indictments alleging class B felony Second Degree Assault. The jury also found Mr. Morris not guilty on lesser included offenses such as misdemeanor simple assault that the Court provided as options for the jury. This incredible victory was reported in the Nashua Telegraph and Union Leader. The jury deliberated for just over two hours before reaching their verdict. If those media links don't work you can view the coverage here:

2018-12-15-Morris-Nashua Telegraph not guilty

2018-12-15-Morris-not guilty in Union Leader

The Defense Team

Mr. Morris was represented by Ted Lothstein of the law firm of Lothstein Guerriero, PLLC, Five Green Street, Concord, with 3d year UNH School of Law student Caitlin Poole assisting him at counsel table. Caitlin is a future legal star. Her work in this case, the work of our incredibly diligent and tenacious defense investigator Jillian Kalosky (info@kaloskyinvestigations.com), and the case-breaking work of our consulting expert neurosurgeon who cannot be identified due to client confidentiality, reminded me that criminal defense is a team sport. Cases are won in the preparation process, a process which requires not only meticulous analysis of the government's evidence and diligent defense investigation, but also brain-storming, debate, cross-pollination of ideas. No one can do this alone. Only through this team-oriented process, can a criminal defense lawyer and firm formulate the most persuasive and effective  strategies and defense theories for trial.

The Winning Trial Strategy

The defense pointed out during trial, as widely reported in the media outlets linked above, that Mr. Morris had been the one who called 911 to report his partner’s medical emergency, the evidence at scene was inconsistent with the Nashua police theory that Mr. Morris had assaulted his partner, and the evidence was consistent with what Mr. Morris told first responders: He found his partner face down on the floor, apparently suffering a seizure, and called 911. Other evidence at trial showed that Mr. Morris, without hesitation, fully cooperated with the police investigation, including giving the police the keys to the apartment, giving the police written permission to search the entire contents of his cellphone, and submitting to hours of interrogation without a lawyer present.

Mr. Morris Always Maintained His Innocence

The public record shows that Mr. Morris, from the time he called 911 until today’s not guilty verdicts, steadfastly maintained his innocence. The result: after 15 months of imprisonment, first on $100,000 cash bail that his family could not afford, and then on an order of “detention” based on the new bail statute enacted earlier this year … Frank Morris walked out of the court house a free man, surrounded by family members. He posed outside the courthouse for this picture with Ted Lothstein and members of his family and gave us permission to put on our website:

The Jury

Courtroom observers commented to Ted, quite astutely, that it was an unusually attentive jury panel. Frank Morris and Ted Lothstein thank the jury for their service, for their thoughtful deliberations and for doing justice in this case.

A Momentous Fall for Lothstein Guerriero, PLLC

In September, 2018, the Lothstein Guerriero, PPLC law firm opened their new building at Five Green Street in Concord. The firm received widespread publicity earlier this Fall when Attorney Lothstein won the State v. Afshar appeal in the New Hampshire Supreme Court. Now, we have another amazing victory to celebrate and cherish.

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