OCCAM’S RAZOR MEETS CRIMINAL DEFENSE
Over the past few years, I have been working on a criminal defense case involving a client who was wrongfully charged and convicted of causing a death by a moving violation. In order for the State to prove this offense, they needed to prove that the defendant committed one of the moving violations outlined in the statute.
At the start, we conducted a thorough scene canvass that resulted in the recovery of critical surveillance video that law enforcement had either missed or failed to collect. The video was important to the case, because it showed a series of facts that no witness or crash data could establish.
During countless case meetings, I outlined that the defendant was not guilty because he hadn’t committed the underlying moving violation based upon all of the elements of the statute. It seemed like a strange defense at first given all of the information, but it was the most direct and honest answer.
Fast forward, the defense argument was litigated, and the trial court convicted the defendant and sentenced him to jail.
After several appeals, the Arizona Supreme Court agreed to hear the case, and our original defense argument was heard.
I am thrilled to state that the Arizona Supreme Court ruled in favor of the Defense’s argument that the defendant didn’t commit the moving violation, and we now have new case law! And what’s more? The Supreme Court reversed the lower court’s judgment of conviction and directed a verdict of acquittal!
The key takeaway is this. Do the work. Consider all theories. Evaluate all of the evidence. But don’t forget to consider the simplest answer to the problem.