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Legal Questions: Defense Attorney Representing Sexual Abuse Charges and Court Proceedings for Bank R
Answered

Case Summary

1.You are a defense attorney representing a 35 year-old man charged with sexually abusing 6 girls between the ages of 8 and 12.   He was their soccer coach and taught at their school.  All of the children attended a special school for the deaf because all of them were either partially or completely hearing impaired.  The defendant and all of the victims are African American.  All of the alleged abuse occurred in the Summer of 2012.  Your client gave a confession but there is a factual issue for the jury about whether or not the police questioned him for too long before he gave the confession.  The judge already ruled that the confession will be admissible at trial.  There is no medical proof and there is no DNA, although there would not normally be because all of the charges are forcible touching charges, not rape charges.  In addition, the children did not disclose for a long time.  The first disclosure occurred in February of 2013, and then the police approached the parents of the other children on the team to question the other kids who were on the soccer team with the first girl who disclosed.  The police interviewed 12 other girls separately, and 5 disclosed similar abuse. 

The prosecutor intends to call an expert witness to testify regarding the Child Sexual Abuse Accommodation Syndrome.  This will help explain to the jury why the children did not disclose right away. 

1.What kind of jurors do you want on your jury?  In your response, address issues that matter to you as you choose your perfect juror, such as gender, age, religion, occupation, educational background, etc. 

2.What kind of jurors will the prosecutor want to have on the jury?  Why? 

3.When a potential juror indicates during jury selection that she can’t be fair and impartial because she was sexually abused as a child, what kind of challenge will you make?  Why? 

4.A potential juror is a police officer.  He indicates that he does not work for the police department that investigated this case, he was not involved in the case and knows nothing about it, and he can be fair and impartial.  You do not want him on your jury.  What will you do to remove him?  Why?  

2.To answer this please provide the full question and answer beneath it  APA still required and references  

Mike Wrigley is arrested for a bank robbery in the City of Albany.   The City of Albany Police and the FBI investigate this case at the same time. 

1.If the U.S. Attorney decides to prosecute the case, in what court will the trial be held?

2.If the defendant loses the trial, in what court will he file his appeal? 

3.If the defendant loses that appeal, can he appeal further?  Explain what, if anything, you would do if you were his attorney, and what paperwork you would file. 

4.If the Albany County District Attorney decides to prosecute the can, can he if the U.S. Attorney has already done so and gotten a conviction?  What legal argument can the defendant make to try and prevent this 2nd prosecution?  Will he be successful?  Why?

5.If the Albany County District Attorney prosecutes the case, in what court will the defendant first appear if he is not yet Indicted?

6.What court will the defendant go to if he is Indicted?

7.If the defendant has a felony trial, in what court will he be tried?

8.If the defendant loses the trial, in what court will he appeal? 

9.If the defendant loses the 1st appeal, where will he go next? 

10.If the defendant loses in that court, can he go any further?  Explain your response thoroughly. 

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