Category Archives: Pittsburgh Rape Lawyer

Taking a Stand: How to Challenge Police Officer Testimony. #CriminalDefenseAttorney

Detectives Testifying at Trial. Frank Walker Law

In most criminal cases, there’s likely to be a time where a police officer takes the stand to present evidence for the prosecution.  How the police officer witness is handled can make or break any case.  Police witnesses offer special challenges on cross examination.  First of all, there are inherent biases to combat with the jury.  The jury looks at the accused as a potential criminal and liar. Meanwhile, police officers are often looked at by jurors with respect and admiration.  Therefore its important to ask police officer questions at trial in a planned and careful matter that takes these biases into account.

The most helpful tool in preparing for the cross examination of a police witness is their report.  The written report of police witnesses will be available in discovery, and can be used to nail down the officer to a single version of events.  The point isn’t to construct an elaborate trap like you may see on tv. Instead, you want to construct a narrative that can illustrate deficits in the officer’s testimony and memory.  This may include drawing out exactly what the officer saw (and by implication, what they didn’t see), the lighting and weather conditions, and testing their memory of events. Police officers handle hundreds of cases every year, and mistakes will happen.  And if they’re mistaken about some things, its possible for the jury to conclude they are mistaken about others.  It is also important to challenge conclusions made by officers that are not supported by physical evidence.

Sometimes the questions you don’t ask are just as important.  A well constructed cross examination leads the jury to a conclusion that they draw themselves.  Trying to force an officer to admit that they made a mistake that is obviously damaging to their case will often just give them the opportunity to explain it away, and will also give them the opportunity to heap on more damaging information about the defendant. You don’t want to open that door if the prosecution hasn’t already.

Cross examination of a police officer is both an art and a science that is honed over years of trial experience.  That’s why you want Attorney Frank Walker to be the one asking the right questions on your behalf. Attorney Walker has years of trial experience and he isn’t afraid to take a tough case to trial. Don’t just plead guilty, lawyer up and fight the case!  Call 412-532-6805 to reach his office in Pittsburgh or call (304) 712-2089 for the  office in Morgantown. Call now!

About Frank Walker Law

Attorney Frank Walker of Frank Walker Law is a National Top 100 Criminal Defense Lawyer, and Personal Injury Attorney who has been recognized as a Super Lawyer, Best Attorneys in America and a Top AVVO Rated attorney, with offices in Pittsburgh Pennsylvania and Morgantown West Virginia.

If you or someone you love are facing criminal charges or seriously injured in an accident, contact Attorney Frank Walker immediately at 412-532-6805, 24 hours a day, 7 days a week for aggressive and experienced Criminal Defense or Representation in a Civil Case.

 

It Wasn’t Me: Issues in Cases of Mistaken Identity. #CriminalDefenseAttorney

Charged with a Crime based on Mistaken Identity? Contact Frank Walker Law

Hearing an eyewitness on the stand point to the defendant and say “he’s the one who did it, that guy right there” is very convincing evidence to jurors. However, in study after study, eyewitness testimony has been shown to be incredibly unreliable.  Studies show that an eyewitness’s recall of the crime can be affected by anxiety or stress, reconstructive memory, their focus on the perpetrator’s weapon, flawed lineups, and leading questions asked by the police and prosecutors.

Most crime when it happens, is unexpected and happens in the blink of an eye.  There are studies for and against the idea that the stress of a situation keeps people from being able to remember the details of that situation.  In crimes done with a weapon, there is strong evidence to show that victims focus on the weapon and are able to describe it in great detail, but are often unable to remember key attributes of the person holding the gun including things such as their height, race and hair color.

A huge issue in cases of mistaken identity are the use of police lineups and photo-arrays to identify potential culprits in various cases like Murder, Rape or Kidnapping.   There is considerable case law on how to apply lineups or display photo-arrays in a way that passes constitutional muster.  Lineups and photo-arrays must be administered in an unbiased way where the police aren’t being suggestive of who they believe the culprit to be. Also, when using photo-arrays, the photos must be chosen and displayed in a way that the suspect does not unfairly stand out from the witnesses initial description. A lineup or photo-array of all individuals of a difference race than the description provided except for the suspect would be outrageously suggestive. If lineups and photo-arrays aren’t administered properly, a good lawyer can get that evidence suppressed and excluded from being used as evidence against you.

That’s where Attorney Frank Walker can help. He has years of experience in challenging eyewitness testimony and successfully getting evidence suppressed and cases based on mistaken identity thrown out.  If you have a case where identity is at issue in Pittsburgh, PA or Morgantown, WV  Attorney Walker is the advocate you need.  Call 412-532-6805 to reach the Pittsburgh office or (304) 712-2089 for our office in Morgantown, West Virginia. Call now!

About Frank Walker Law

Attorney Frank Walker of Frank Walker Law is a National Top 100 Criminal Defense Lawyer, and Personal Injury Attorney who has been recognized as a Super Lawyer, Best Attorneys in America and a Top AVVO Rated attorney, with offices in Pittsburgh Pennsylvania and Morgantown West Virginia.

If you or someone you love are facing criminal charges or seriously injured in an accident, contact Attorney Frank Walker immediately at 412-532-6805, 24 hours a day, 7 days a week for aggressive and experienced Criminal Defense or Representation in a Civil Case.

Two #Pittsburgh Area Men Arrested on Child Predator Related Charges

Two Pittsburgh area men were reportedly arrested as part of the state’s ongoing crackdown on child predators.

According to a statement the Attorney General’s Child Predator Section arrested the two men, including a 67 year-old man of Washington, and a 37 year-old man of West Homestead, in separate stings. The 67 year-old suspect allegedly placed an online advertisement, to which an officer posing as a 14 year-old girl responded. After an alleged sexual conversation, the suspect set a time and place to meet the girl. When he showed up, he was arrested. The Defendant is facing multiple charges including criminal attempt to commit involuntary deviate sexual intercourse with a child and criminal attempt to commit indecent assault on a person less than 16 years of age.

The 37 year-old suspect was arrested in a separate sting after an officer, posing as an underage girl, responded to one of his online ads. The suspect reportedly asked the officer posing as the girl for photos and engaged in sexual conversation. He, too, arranged a meeting and was arrested at the meeting location. He is facing charges including two counts of criminal attempt to commit indecent assault.

Both men were booked at Allegheny County Jail to await a preliminary hearing.

Attorney Frank Walker of Frank Walker Law is a National Top 100 Criminal Defense Lawyer and Personal Injury Attorney with offices in Pittsburgh Pennsylvania and Morgantown West Virginia.

If you or someone you love are facing criminal charges or seriously injured in an accident, contact Attorney Frank Walker immediately at 412-315-744124 hours a day, 7 days a week for aggressive and experienced Criminal Defense or Representation in a Civil Case.

Commercial Pilot in Federal Custody for Sexual Assault

An Oakdale man is in federal prison as a result of an alleged visit he paid to a 15 year Ohio girl in December, which resulted in sexual activity. According to the FBI the man, who is a commercial pilot, met the girl online and traveled to West Virginia in order to have sex with her. It was not immediately clear why the girl was in West Virginia.

The accused, who is a pilot for Republic Airlines, allegedly met the 15 year old girl on a website called MeetMe.com in December. During online chatting the victim revealed to him that she was 15 years old. The two allegedly met in person and engaged in sexual activity in December, but the girl’s mother became suspicious when the girl came home early after saying she was going to stay with a friend for the night. The girl’s mother also noticed that her daughter smelled like men’s cologne. The girl’s mother then notified authorities about the situation, which led to the 28 year old pilot’s arrest.

When FBI agents raided the home of the accused on February 7, they searched his cell phone for evidence of the crime. In his cellphone the man had allegedly listed the girl as “Ohio 15,” an indication of his knowledge of her age. His text message record also allegedly indicated that he had contacted the girl for a second meeting the day before the FBI raid.

Attorney Frank Walker of Frank Walker Law is a National Top 100 Criminal Defense Lawyer and Personal Injury Attorney with offices in Pittsburgh Pennsylvania and Morgantown West Virginia.

If you or someone you love are facing criminal charges or seriously injured in an accident, contact Attorney Frank Walker immediately at 412-315-744124 hours a day, 7 days a week for aggressive and experienced Criminal Defense or Representation in a Civil Case.

Pittsburgh Elementary School Teacher Charged With Rape

A music teacher at Avonworth Elementary School was arrested on Friday after being charged with sexual assault on one of his relatives beginning in 2002 when she was 10 years old. The teacher was placed on administrative leave by school officials. The Ben Avon resident is a former high school and middle school band teacher, and has been banned from school property. He is currently being held in the Allegheny County Jail on $200,000 bond. The sexual assault was first brought to light in 2009 when the accuser was 17 years old. She confided in officials at a local faith-based organization when she became concerned that her attacker may have gotten her pregnant.

An investigation was launched by police when the organization’s officials reported the abuse, but the girl recanted her statement regarding the attacks – and as a result there were no charges filed. She said that the abuse took place “on and off” for a number of years starting when she was 10 but police were not able to find any evidence to back up her story or the details thereof.

Despite her recantation, the girl insisted in a more recent interview with police that her initial statement was a truthful one and that her attacker had written her a letter expressing romantic feelings for her which she says he personally delivered to her during the fall of 2013. The accused has been charged with rape, sexual assault, and other crimes related crimes, and will appear in court for a preliminary hearing on February 13th of this year. The school superintendent stated in a letter addressed to parents of children within the school district that the district is cooperating with police and the district attorney’s office, but that no further comment could be made for the sake of the integrity of the ongoing investigation.

Attorney Frank Walker of Frank Walker Law is a National Top 100 Criminal Defense Lawyer and Personal Injury Attorney with offices in Pittsburgh Pennsylvania and Morgantown West Virginia.

If you or someone you love are facing criminal charges or seriously injured in an accident, contact Attorney Frank Walker immediately at 412-315-744124 hours a day, 7 days a week for aggressive and experienced Criminal Defense or Representation in a Civil Case.