Criminal defense attorney Gig Wyatt tried a 2 day case in Polk County in which the defendant was acquitted of the Measure 11 charge of Assault in the 2nd degree.
The complainant testified that defendant struck her repeatedly, reporting the she struck her head and damaged drywall in the home and left her unconscious. She testified that she was knocked out, broke both her wrists and also broke her ribs. The defense acknowledged that she broke her wrists, but elicited testimony that she struck defendant "as hard as I could.""
Wyatt also introduced her hospital records which noted "no LOC" (loss of consciousness). The crime scene photos showed pictures of the drywall, but it was found that the damage was not from her head, but more likely from damage she purposely caused to stage the scene. "It was important to show her lack of credibility, the changes in her testimony, and the unlikely chain of events which she reported," according to Wyatt. "Her own hospital records impeached her."
Gig Wyatt is a partner in the law firm of Harris, Wyatt, Amala, LLC and has been in practice for over 30 years.
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