DM and his friend, CD, were accused of Armed Robbery and Assault with a Dangerous Weapon after an incident in a city park. Both defendants were teenagers (ages 14 and 13, respectively). Another teenage boy told the police that DM and CD “tried to take my bike. DM put a knife to my neck and CD put a gun to my head….” The boy went on to tell the police that he knew DM and CD and that they ran away from the park. About one hour later, DM and CD were stopped by the police. DM was wearing a backpack. The backpack was searched. Inside the backpack were 2 BB guns and a knife. Unfortunately, a motion to suppress the contents of the bag was denied; therefore, the guns and knife were introduced at trial.
At trial the teenager told the jury a story that differed significantly from what he originally told the police. The boy also was shown to have been untruthful on several instances while testifying. In addition, it was revealed that the investigators never spoke with anyone else at the scene and never bothered to check out the complainant’s story. Attorney Henry Fasoldt was able to show the jury that although the teenager appeared sympathetic, his testimony was not credible. DM was found not guilty of both counts as was the co-defendant.