Unfortunately we have seen an increase in the amount of Domestic Violence related arrests over the past several years. Not all of them have been justified. There is increasing political and community pressure on the police to make arrests, and sometimes innocent people pay the price. Catherine G.’s story is perfect example of that misplaced and often misguided effort.
Catherine G. was at home caring for her elderly mother last July. She had an argument with her older brother related to their mom’s finances. Her older brother claimed that Catherine attacked him during a verbal argument. Police arrived and she was placed under arrest for Domestic Battery.
Catherine visited our office with several family members to explain her side of the story. It turned out that her brother had been the instigator. Apparently, he had been verbally abusing their mother and mismanaging her finances. When confronted with his behavior, he became enraged and attacked Catherine.
I was the attorney blessed with the opportunity to cross-examine the brother at trial. He became angry almost immediately. There were gaping holes in his story to the police which he wasn’t able to explain. In addition, he is 50 lbs. heavier and 6 inches taller than his younger sister. Confronted with the inconsistencies in his story, he just became angrier. His testimony was just not believable. After we rested our case, the judge explained her reasoning. At the very least this was a mutual combat situation and the State was unable to meet their burden of Proof Beyond A Reasonable Doubt. FINDING OF NOT GUILTY ON ALL COUNTS.
