3rd Times a Charm

Story County, Iowa.  Attorney Matt Lindholm was hired to represent a client charged with sex abuse who was facing a third trial after the first two trials resulted in hung juries.  The client was represented by a different attorney on the first two trials and decided that he wanted to change his strategy for the third trial.  After reviewing the forensic interview, it was determined that the nature of the allegation occurred while the client was asleep which meant that there was no possibility the client could have violated the law.  A polygraph examination was also completed and confirmed that a sex act had not occurred.  Nonetheless, the State wanted the third bite at the apple and fought tooth and nail to keep the jury from hearing any of this exculpatory evidence.  After four days of trial, the judge granted the motion for judgment of acquittal and dismissed the charges as the State had failed to be able to present enough evidence for the case to even reach the jury.