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Sexual Abuse Case: Not Guilty
In the Fall of 2018, Gary Farrell won an acquittal for a client, “ND” who is a successful professional in a sex abuse case in Kings County Criminal Court. These charges were brought by a professional trainer who visited the client’s home to perform an intense massage to alleviate pain. The massage turned into an intimate encounter. The trainer went to the police and claimed she was abused. The case proceeded to trial and the alleged victim admitted that she never verbally protested during the demonstrative massage performed by the client. She likewise admitted that a friend, active in the #Metoo movement, convinced her to report the incident. The key part of the trial was when the alleged victim admitted that she really “wasn’t sure what happened” during her this encounter. The client testified in a thorough, credible manner that everything was consensual and he held up very well on cross-examination. The trial judge noted that this was a clear cut case of reasonable doubt and acquitted my client of all charges.
People v. Wikerson D.
This was a case of innocent texts between a niece and her uncle turning into a world of trouble. Wikerson D., a New York City corrections officer with an eight-year record of excellent service, got a texted request from his 15-year-old niece requesting a ride home from school. Responding in the affirmative, he asked her for a recent photo. Wik had plenty of photos at home but wanted one for his cell. Since Wik, in his mid-thirties, worked the night shift, he picked his girlfriend’s eight-year-old daughter up from school every day. After picking up the little one, he swung by his niece’s school and took her home. Later that night, Wik’s brother, reviewing the texts on his daughter’s cell, jumped to a very wrong conclusion. The upshot: Wik was charged with sex crimes, including Sexual Abuse in the Third Degree and Endangering the Welfare of a Child. If convicted, Wik faced a likely prison sentence and the loss of his career and his pension. The case unraveled when Wik’s brother and sister-in-law testified. It became clear to everyone that they held a grudge against Wik, and had pressured their child into testifying. Confident the jury would see that he had nothing but avuncular affection for his niece, Wik took the stand and let the jury hear his side of the story: there was no story, because nothing happened. In a mere 15 minutes, the King’s County jury came back with its verdict: Wik was acquitted of all charges and had his life back. Court staff congratulated Mr. Farrell, telling him the speed with which the jury came back was a record.
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