OK – back from TLC and re-entry is a bit troubling, but a trial is just the thing to check out those skills. Like putting the witness back in the scene and having him or her take you through, in first person, what they see. So today I had to try a little misdemeanor case. Two 50 year old guys complained mightily to the police that my 70 year old client had "battered" them at a bar. The real deal was their damages. That’s right – around $5000 worth of medical tests to determine that they had no real injuries, save their pride. So without any offer to plead the case to something reasonable – like disturbing the peace – we rolled the dice. Now even a goofy trial like this takes time to prepare for and time to try. Start your clocks at around 7:00 am this morning, and shut them off around 7:30 pm. In the end the jury saw it our way. Not Guilty. There are no two better words to hear when forced to trial on some goofy, miserable, meandering river of a misdemeanor jury trial. NOT GUILTY. BUT how you may ask? Client admitted that he hit one of the gentlemen on the chin. Client also admitted that he moved toward gentleman number two and two fell down. So what about it? TLC. Just some good easy listening to their testimony and the resulting cross in which number one admitted he moved toward Defendant "and then Defendant hit me." That "movement" ultimately looked like number one wanted to attack my client. And two – well he simply told a way different story, under oath, than had number one. He impeached number one on key points. And the jurors heads nodded, and their eyes rolled, and it was clear they did not believe either number one or two. Just listen … and you will be surprised what you hear in court. So maybe my next blog will come sooner – I know it will as I am now working on a very nice CRIME VICTIM’S CASE. Civil complaint to follow – within a week or so. But tonight I am thinking about today’s victory. If you face the state in a criminal case, better be ready to ride the waves. When they stop coming in big sets, you may hear that jury say NOT GUILTY.