Legal Question in Criminal Law in New York

2nd degree rape charge

My boyfriend is being charged with 2nd degree rape of a minor. On the morning of June 14,2007 a woman claims that she came home and found him having sex with her 13 year old daughter. That morning I was with him at his friend's restaurant and we were helping them in their restaurant and they needed items from the grocery store. We went to two grocery stores and one of them has him on video walking in after the 911 call was made. I have given his public defender the receipt of items purchased and the name of the owner of the restaurant who would like to speak in my boyfriend's defense and the public defender hasn't called him because he feels more comfortable with a spanish translator. Also I have the results of the rape kit and everything is negative and the ADA has a pair of white briefs that tested positive for his dna and another donor but 100% excludes the alleged victim. And now the ADA wants to try to indict him on perjury charges on top of the other charges. Now my question to you is with all of this evidence pointing to his innocence does the ADA have a case and should he still be in the county jail? Can you please call me today and answer my question and possibly refer me to a probono lawyer in the Binghamton area.


Asked on 9/09/07, 3:45 pm

1 Answer from Attorneys
Anthony Colleluori The Law Offices of Anthony J. Colleluori & Associates PLLC

Re: 2nd degree rape charge

Sounds like the ADA's case is weak if everything you say is true.

You already have a pro bono lawyer. What you want is a very good and expensive trial lawyer. That will not happen in most criminal cases where the government has an obligation to provide defense services to the accused.

This is not a minor case. Despite "Shark" and "Boston Legal" most criminal defense attorneys cannnot afford to give away their services on cases as difficult as this one. Further, it is not just the lawyers service you need. You also need an investigator, a DNA expert and possibly a crime scene investigator. You do not say if this is a stranger ID or if the girl's mom knew your fiance. IF it is a stranger ID then an ID expert who could explain why there could be a misidentification may be necessary. You are easily looking at a 50k or higher fee. Every penny will be worth it because what you describe is a travesty of justice.

Try raising the money. Fundraisers, Family, Loans etc. If he is innocent, he deserves a strong defense.

Good Luck.

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Answered on 9/09/07, 7:57 pm


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