Client charged with Agg. Batt. 7 for choking, slamming victim to ground repeatedly, putting her head through drywall in garage, hitting, kicking. Defense was that she was making it up. We called victim's mother and she testified that she was over at daughter/victims within 15 minutes of attack, and victim appeared to be sleepy, not upset or crying, no marks on her. Over my objection, court instructed on Agg Batt 7 intentional and lessers of Agg Batt 8, reckless and then misdemeanor battery. Only jury question was "Was there any evidence presented putting the defendant at the scene, other than the testimony of the victim." In spite of that, convicted on Misdemeanor Battery.
Friday, December 15, 2006
Another Wichita verdict
Mark Orr won a misdemeanor battery conviction in State v. Hardyway, a Sedgwick County severity level 7 agg battery prosecution. Here is his report: