UPDATE: the trial at issue resulted in an acquittal for our client: he was acquitted of all charges, including Aggravated Assault and Assault and Battery. Here are pictures of the complainant so that the reader can appreciate what we were up against:
In a hotly contested Aggravated Assault trial presently underway, veteran trial attorney Michael Hohauser has been intently observing the proceedings. As trial started, Hohauser watched each step Neil Rockind took in the case. Rockind is defending the accused and it will be Hohauser’s job to defend the same gentleman in a civil case that has been filed in which the complainant is seeking monetary damages. Hohauser watched Rockind’s opening statement and his cross examinations of the three (3) witnesses to date: the complainant, the complainant’s wife and the arresting officer. During each and at times, the judge interfered sustaining some objections raised by the prosecutor and one time raising an objection sua sponte. As Hohauser said, “you handled the judge perfectly.” Rockind never raised his voice to the judge and never let on how one-sided the judge appeared to be. Rockind remained calm and continued undaunted. After watching Rockind use the killer cross examination approach to examining the officer, a cross examination that will be shared here in full when the case is over, Hohauser had this to say about what he saw:
Yes I was Neil. It was classic. You brought it in perfectly. I was so busy watching you and the officer I didn’t notice if the jury was alert.
The cross examination was so compelling and the observer so drawn in, that his attention was focused on nothing else. That is the best compliment that a trial attorney could receive from another trial attorney.