At trial, the prosecutor called 2 civilians and one police officer as witnesses for the government. On direct, the civilians testified the defendant crashed into their car after failing to stop at a stop sign at a four-way intersection. The officer testified the defendant admitted to having 2 beers, smelled of alcohol, had bloodshot eyes, slurred speech, and failed the field sobriety tests. During cross-examination, Attorney Riccio got both civilian witnesses to admit they did not know or remember much of what happened on the night of the accident. Although no video evidence was introduced at trial, during cross-examination the officer admitted to the existence of video of the defendant on the night of the arrest.
The defense did not call any witnesses at trial but entered the defendant’s medical records into evidence confirming Attorney Riccio’s client sustained a significant femur injury one year before the arrest that resulted in a screw being inserted into the defendant’s leg. During his closing argument, Attorney Riccio attacked the significance of the field sobriety tests and questioned why the prosecution failed to introduce video of the defendant on the night of his arrest as evidence at trial. The jury returned a verdict of NOT GUILTY on both counts after 25 minutes of deliberations.
