From Our Perspective: Felony Trial Acquittal

In ‘From Our Perspective’, Robinson & Henry’s attorneys provide an in-depth look into successful outcomes achieved by their teams. This episode features Criminal Defense Partner Ryan Robertson who discusses his strategies in a high-stakes felony trial.

The Case

Ryan’s client faced one of the most serious accusations in criminal law: child sexual assault. The gravity of the charges was compounded by claims that the abuse was recurring and perpetrated by someone in a position of trust.

The Stakes

As the alleged victim’s grandfather, our client was resolute in proving his innocence. This demanded complete trust in his legal team and the jury seated to decide his fate.

Given our client’s advanced age, a conviction could have effectively resulted in a life sentence.

Our Approach

Ryan and his team meticulously examined thousands of pages of forensic evidence, uncovering critical inconsistencies that bolstered our client’s defense. They also skillfully applied the law to keep prejudicial evidence out of court.

The Outcome

Ryan’s expert representation allowed the jury to see the truth that Robinson & Henry had recognized from the start: our client was innocent. The jury acquitted him of all charges.
This case underscores the importance of thorough investigation, legal acumen, and unwavering advocacy in the face of severe criminal allegations.

Past results afford no guarantee of future results; each matter is different and must be judged on its own merits. Facts are those of an actual Robinson & Henry litigation case.

Question: Your client faced serious charges. Tell us about that.

Ryan: So our client was facing five counts of sexual assault on a child. The state had also, for each count, alleged that they were done by one in a position of trust and that they were part of a pattern of abuse. In this case, he was the grandfather of the alleged victim.

Question: So these were felony counts? I presume he was, facing very serious, prison time if he was convicted.

Ryan: Correct. Had he been convicted at trial based on his age and the aggravating circumstances alleged by the state, he would have spent the rest of his life in prison.

Question: So, obviously a very serious case. How do you begin to approach your defense in a case like this?

Ryan: One of the big things that you have to remember when you’re taking a look at this case is because these are such serious allegations, this isn’t just a case that you run through the discovery once or twice. You run through it over and over again.

So you’re reviewing all of the police reports, any sort of body cam or video tape interviews, any sort of audio that comes from that because you’re wanting to get a full, comprehensive picture.

Then you start looking for inconsistencies. You are talking with your client and reviewing the evidence with your client to see if, for instance, some of the dates that are alleged don’t make sense. Let’s say somebody was on vacation when one of these happened. Then you’re able to start putting that defense together. And then you’re able to start kind of building that foundation.

Question: Did you use any type of other services outside services for your defense like a private investigator?

Ryan: We did. In order to interview some witnesses in this case we used someone who had a law enforcement background. All [of the private investigator’s] witness statements were helpful in our understanding of the case and enhancement of our defense.

Question: A lot of good lawyering went into this case. Tell us how you used the law to your client’s advantage.

Ryan: So there were a variety of issues with this case, including prior allegations that had been made against this client, that we sought to keep out [of court] for very obvious reasons. They would have inflamed the jury. And we were able to successfully do that.

On top of that, during the investigation, it had been revealed that the alleged victim here had made some pretty similar allegations, some pretty serious allegations, against other family members. And so we fought to try to introduce those allegations so that we could show there was this history of, making things up, of not telling the truth, because certainly that goes to the credibility of these allegations in this case.

Question: Now, many innocent people in the position that your client was in, end up taking a plea deal, but this case did go to trial. How big of a gamble was that?

Ryan: It’s the ultimate gamble. Whenever you take anything to trial, it’s a coin toss. You never know how a jury’s going to act. You never know how a judge is going to rule against you or for you.

And, the gentleman here, he knew he was innocent, and so it was a big gamble, big risk, big reward. But, yes, this was a very large gamble to take by everybody.

Question: So how did you prepare him and other witnesses for trial?

Ryan: We went over what we thought his testimony would be. Since he was the defendant, we went over his rights to remain silent. What the pros and cons of remaining silent were, what the pros and cons of testifying were. And going from there to make sure that he felt comfortable

Question: So how long was this trial?

Ryan: It was a three-and-a-half-day trial. The jury got it on the morning of day four.

Question: And how long did it take for a verdict to come back?

Ryan: A little less than two hours.

Question: And what did that say to you? Good sign? Bad sign? What was your reaction?

Ryan: You know, I’ve been doing this long enough to know that trying to read the tea leaves of how a jury’s going to react is a little bit of a fool’s errand, so to speak. But what I can say is, generally speaking, with this sort of case, with this evidence, with these allegations, that this was a jury that made up its mind pretty darn quickly.

Question: And, ultimately, your client was acquitted, correct?

Ryan: He was found not guilty of all counts.

Question: How is he doing now?

Ryan: He is back home with his loving wife. They just celebrated their 50th wedding anniversary. They’re in good spirits. You have to remember, these allegations popped up in October of 2021. He was charged in March 2022. He, unfortunately, wasn’t able to get to trial until June of 2024. So we’re talking about well over two years of this weighing on everybody in this family. They can’t get that time back, but they’re trying to plan for a better future together.

Question: And what advice would you give to individuals facing serious charges like this?

Ryan: You need to get an attorney. If you can afford it, go get a private attorney.

Somebody who can sit down, get to know you, get to know your case, and fight like hell for you because that’s what this gentleman deserved. And that’s what all of our clients deserve.

Colorado Criminal Defense Attorney for Felony Charges

If you are facing felony charges, our Criminal Defense Team can help. Reach out to us for a case assessment on our website or give us a call at 303-688-0944.