The Defendant was observed by a Broward Sheriff’s Deputy vandalizing a wall along the drive through lane belonging to a McDonald’s Restaurant. The officer testified that he had a clear view of the defendant’s alleged act of vandalism; that he subsequently found an art marker matching the damage to the McDonald’s wall; and that he obtained a post Miranda confession from the Defendant admitting that he vandalized the wall. The firm was able to obtain testimony from the manager of the McDonald’s that it was not physically possible for the officer to have seen the act allegedly committed by the Defendant. Pursuant to the firm’s questioning, the manager stated that the officer was on the opposite side of the McDonald’s and that she was the person who alerted the officer for the first time about the incident, which she did not even witness. The officer’s credibility and his account of the incident was clearly “called into question” and the Defendant was found not guilty after trial.
DUI & Criminal Division
