Client attends outdoor 4th of July party with many other young people in attendance. Client repeatedly punches alleged victim in front of numerous witnesses. Client subsequently charged with Assault.
Alleged victim and friends testify that assault was unprovoked. On cross examination it is revealed that alleged victim and friends who were all together in alleged victim’s hospital room with the investigating officer as investigating officer spoke with them as a group. Investigating officer then handed them each a piece of paper and asked them to write down what happened regarding the assault. All essentially wrote the same story and denied drinking any alcohol that night.
However, one state’s witness was not in attendance at that group meeting and testified at trial that he had consumed approximately 16 beers and that all of the other State’s witnesses, including the alleged victim, had been drinking heavily.
Client testified that other party goers had told him that night that the alleged victim was very drunk and was planning to attack him. Client also testified that he just gotten out of work before arriving at the party and had consumed one beer prior to the fight. Client also testified that alleged victim had attacked him from behind and ripped his shirt and had attempted to punch him, however client was able to land a couple of clean blows that ended the fight. Client then left the party with his shirt practically torn off and did not hear anything else about the matter until receiving a summons from the police a few days later.