Legal Question in Criminal Law in New York

Predatory Sexual Assault against a Child

Okay so here is the situation if I may explain in detail. I am a very high profile professional athlete that has retained an attorney with whom I am questioning their ability to handle this case. That being said I possess an impeccable 15+yrs of service to my field, that is supported by documentation by previous and present clientel. I have been accused of the heinous acts above amongst minor offenses coinciding the main charge above. The child states they were ''orally'' serviced at around 12 noon in a lavatory. I have sworn affidavits from 2 (hoping one more) colleagues that will state that I was in plain view of everyone, as was the child in question, 2 hours preceding and following the noon hour. No forensic evidence is present. The father(being an OBGYN) made the initial report to the police around 6-7pm that evening. The mother did not know of the incident till 72 hours later, whereby the management(myself) made her aware of the allegations. The child left the day 'camp' happy as another child will be called to testify to this. With all of these details and supportive documentation for defense, how can the DA still be going forward with charges? make sense to anyone? Or am I that dumb? Can anyone help? Im at a loss for words


Asked on 4/16/08, 4:17 am

8 Answers from Attorneys

Tanya Gendelman Law Offices of Tanya Gendelman, P.C.

Re: Predatory Sexual Assault against a Child

I am sorry you have to go through this. In general terms, the allegations against you are very serious, especially, because of your high profile (remember Michael Jackson's case). Due to the sensitive nature of the issues involved, I would like to address your concerns in a non-public forum, please feel free to e-mail me directly.

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Answered on 4/16/08, 4:55 am

Re: Predatory Sexual Assault against a Child

The DA has its evidence and you have yours. It could be that the ADA is trying to make a name for him/herself by going after a high profile person. If I were your attorney, I would make sure I had a good investiagtor working on your case. I am a former State and federal prosecutor and now do criminal defense so please feel free to contact me.

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Answered on 4/16/08, 7:26 am
Christopher Hoyt The Law Offices of Christopher W. Hoyt

Re: Predatory Sexual Assault against a Child

The prosecutor can proceed to trial even with the evidence that you are presenting. The prosecutor can take the position that the witnesses that you are offering are not being truthful and therefore a judge or jury would need to decide who is telling the truth. Please feel free to contact my office if we may be of any assistance in this matter.

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Answered on 4/16/08, 11:28 am
Robert Evans Robert S. Evans esq.

Re: Predatory Sexual Assault against a Child

Being a high profile athlete is possibily the reason the DA is taking the allegations against you seriously. That being said this matter requires a very competent criminal defense attorney along with other appropriate resources[ witnesses,investigators].I would be happy to discuss your options,but not over the internet. Contact my office to set up a consultation.

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Answered on 4/16/08, 12:39 pm
jeffrey lazroe Jeffrey A. Lazroe attorney at law

Re: Predatory Sexual Assault against a Child

The DA will take the case to trial if they have to. The only bargaining chip that you have is they don't want to put the child through a trial - it is as if the child is being put through the ordeal a second time.

With that it mind, you are in a very serious situation. If you are convicted, there is every reason to believe that you could go to jail for many, many years. Judges do not look very kindly on these types of cases.

If you are convicted of a sexual crime, you then may have lifetime consequences after you are released from prison, including mandatory reporting, every place that you live you have to register with the police, and notices go out to the schools, etc of your moving into the area, and you are forever known as a sexual predator.

This whole case rests with the ability of your lawyer to cross-examine the child in question. Since there are no witnesses to what happened at that moment, it is the skill of the cross-examiner who will decide the case.

It is extremely difficult to cross-examine a little boy. If you go too hard on him, the lawyer looks like a bully, it you go to light on him, you increase his credability, and damage your own client.

You also would have to take the stand. Juries like to see the defendant's side of the story.

These trials don't take very long. But you and your witnessess must be prepared before taking the stand.

As I said - the rest of your life is at stake.

Choose the attorney carefully.

I have tried many of these cases. It takes weeks of preparation, and only an hour or two of actual trial testimony.

I hope that I have answered your questions. If you need any further assistance, please feel free to contact me.

Jeff Lazroe

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Answered on 4/16/08, 2:13 pm
Joel Salinger Law Office of Joel R. Salinger

Re: Predatory Sexual Assault against a Child

I could rehash the information that has already been given by the other attorneys that have written answers or I can give you my perspective. They have all give excellent answers.

First, the D.A. is not going to drop this matter unless there is such overwhelming evidence favoring your position that to take this to trial would be completely embarassing. As you have seen in celebraty trials, your matter will not be dropped under all but extreme circumstances.

Second, It's going to come down to credibility. Yours and your witnesses vs. the child. Most juries will side with the child if only for the fact that they feel for the child and will give the child the benefit of the doubt. This case is one where you want a team of attorneys not one single attorney. You want several with different looks at the same problem.

Lastly, you need sit with your current attorney and try to find out what is making you uncomfortable and see if you can resolve it. Jumping ship mid stream is not the best thing to do unless you are sure that attorney is not handling the matter correctly.

You can talk to several of the attorneys who responded to your question. I know their reputations and think that they will keep your confidences under priviledge.

If you wish to discuss this matter with me, I would be happy to consult with you on this matter.

Joel R. Salinger, Esq.

516.746.4747 or [email protected]

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Answered on 4/16/08, 2:42 pm
James Kats James S. Kats, Esq.

Re: Predatory Sexual Assault against a Child

It may not make any sense to you, however the district attorney is probably looking at it as a question of credibility. That is, your witnesses' credibility and yours, against the child's. Or perhaps there is other evidence which somehow they believe bolsters and corroborates the child's story.

In any event, district attorneys don't always see matters clearly, and that's especially so when it comes to children. You and your legal team need to marshal your evidence and fight back.

James S. Kats, Esq. www.lawjsk.com

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Answered on 4/16/08, 4:53 pm
Carlos Gonzalez Gonzalez Legal Associates PLLC

Re: Predatory Sexual Assault against a Child

ALl the prsecution needs to conitnue a case against anyone is simply a witness stating that some illegality happened, it happens on a regular basis where ONLY a witness is all the evidence that exists against a person standing trial for criminal charges.

My office regularly handles high profile cases. We have just terminated what was called the biggest drug bust in the history of westchester county with AMAZING results.

If you need any further assistance, or have any further questions feel free to contact us at 212.709.8303

I have recently finished securing a not guilty verdict for three individuals in a similar case for statutory rape. Overall, the emphasis should be on the implausibility of the case, that being said the likelyhood is that depending on what county this case is in, that you may not be given the type of offer worth taking, and may end up having to take such a matter to trial, unless such a deal may be made to keep the case out of the court room... the further negatives on such a plea would be the potential ramifications it would have on any future civil suits against you.

My office handles both criminal and civil matters. Feel free to contact us for any further information you may need at 212.709.8303

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Answered on 4/30/08, 3:41 pm


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