Homicide by negligent use of a motor vehicle (Washington County)
The client was a truck driver who was involved in an accident resulting in two fatalities and multiple serious injuries. The state’s investigation of the accident lasted approximately one year before charges were filed.
The case involved a thorough analysis of GPS records, log books, vehicle computer data and accident reconstruction analysis. The case was investigated and prepared for trial, including the filing of motions in limine involving Daubert expert testimony, as well as other evidentiary issues. After we prevailed in part on the motions in limine, the case resolved and the client received a sentence of probation with work release privileges.
Theft by Fraud, Theft by Contractor (Walworth County)
Mr. Fitzgerald was retained for post-conviction proceedings after the client, represented by a different firm, had been convicted at trial of ten counts of theft by contractor, theft by misrepresentation, and theft by fraud. In the course of preparing the case for appeal, we learned that the prosecution had entered into an agreement with the victims to pay for the cost of a state’s accounting expert witness at trial. The payment arrangement had not been disclosed to the defense before trial.
A motion for a new trial was filed, based in part on prosecutorial misconduct. The motion was denied by the trial court and direct appeal was taken. After receiving the defense brief, the Wisconsin Attorney General confessed error. The court of appeals then vacated the clients conviction on all counts and remanded to the trial court.
Substantial Battery, Hate Crimes (Door County)
This was a high profile case charging felony battery with a hate crimes enhancer. The client was acquitted by the jury of all charges at trial, except disorderly conduct (which was conceded), for which he paid a fine.
Sexual Assault (Brown County)
The client was charged with first degree sexual assault of a child. The case went to jury trial and the client was acquitted.
First Degree Reckless Injury (Ozaukee County)
The client was charged with first degree reckless injury resulting from an altercation in a nightclub. The case was tried and the jury hung 11-1 for acquittal.
Drug Conspiracy, Racketeering (Racine County)
The client was charged in a multiple defendant, multiple count racketeering and drug conspiracy case targeting a motorcycle club. The case was prepared for and proceeded to jury trial. During jury selection, the defendant moved for a mistrial on the grounds that the trial court had erroneously excluded all potential jurors over a certain age. The motion was granted and the charges were eventually dropped.
Drug Conspiracy (Racine County)
This was a multiple defendant, drug conspiracy case involving, in part, a complex duplicity challenge to the complaint and information. The case was prepared for trial. All charges were dismissed by the prosecution three days before trial.
Securities Fraud, Racketeering (Milwaukee County)
This was a two-week securities fraud and racketeering trial prosecuted by the State of Wisconsin Attorney General’s Office. The case was relatively unique in that the charges arose from the client’s effort to raise funds in order to start the first minority owned telecommunications company in Wisconsin. The client was convicted and the conviction was affirmed on appeal.