Misdemeanor Sexual Assault — Jury Verdict Reversed

Strafford County Superior Court. The State charged Client with aggravated felonious sexual assault in the Strafford County Superior Court. The County Attorney gloated to the jury in his opening statement that this was the only adult rape case he could remember where there was a third-party eyewitness — another woman who claimed to have walked in on Client violently sexually assaulting his girlfriend. Ted Lothstein, through discovery proceedings, gained access to mental health records casting doubt on the eyewitness’s credibility, and used them during cross-examination of this supposedly-neutral eyewitness. At trial, even with both women testifying against Client, a divided jury could not reach a verdict, and the State later dropped the charge. Read More