Our Fallbrook domestic violence criminal defense attorneys wrote recently about the arrest of Junior Seau, a retired NFL linebacker who spent most of his career with the San Diego Chargers. Seau was accused of domestic assault in connection with an Oct. 17 incident involving his live-in girlfriend, and attracted even more media attention when he drove off a cliff shortly afterward. Seau was not badly hurt in the accident and the police believe he fell asleep at the wheel. Ultimately, prosecutors declined to file charges against him. Now, as San Diego's 10news.com reported Oct. 29, the police report in the domestic violence incident was released, giving the public a glimpse at what exactly the police believed happened.
According to the article, Mary Nolan, 25, told the police that Seau grabbed her and shoved her into a wall. When officers arrived, the report said, she was sobbing hysterically and had a small bruise on her arm. Nolan also mentioned to the police that she had another bruise stemming from a fight she'd had with Seau in Solana Beach, but declined to file a report on that incident. When Seau returned to the home on the night of the arrest, officers noticed signs that he had been drinking, but had no problems arresting him. In a statement, the San Diego district attorney's office implied that it wouldn't file charges because it couldn't prove the case, and Seau's domestic violence criminal defense attorney agreed. Paul Pfingst, a former leader of that office, said the case was a "close call" with elements that would have given prosecutors trouble.
As Huntington Beach domestic violence criminal defense lawyers, we'd like to examine those elements in more detail, because they show how domestic violence cases are built -- and how they can be defended. For starters, Nolan declined to file a report on the Solana Beach incident. As Pfingst noted in the article, not giving police 100 percent of the story could hurt Nolan's credibility. Perhaps more importantly, the report said Nolan also had injuries to her head, but didn't specify what those injuries were. Prosecutors cannot speculate; they can only present witness testimony or the facts as reported by the police. For that reason, the prosecution wouldn't have been able to tell jurors that Seau was, or might have been, responsible for those injuries. All of this makes it harder for them to prove the case.
At Howard Law, P.C., we look for ambiguities, contradictions and gray areas like this in all of the domestic violence cases we take. As this case shows, domestic violence is a highly emotional charge, which can lead to charges being pursued or filed even when the evidence doesn't support it. Law enforcement officers tired of responding to domestic abuse calls may cynically assume that anyone accused is guilty, and "victims" may have another agenda in mind. Whenever our Corona domestic violence criminal defense attorneys find mistakes or deception like this, we work hard to expose it, because the consequences of a domestic violence conviction are very serious. In addition to jail or prison time, those convicted can also face restrictions on their Second Amendment rights, restraining orders, anger management classes and trouble in family court.
If you're accused of domestic violence against a spouse, boyfriend, girlfriend, "ex" or child, it pays to get help from the experienced attorneys at Howard Law, P.C.. To learn more or set up a free consultation, contact us through the Internet or call 1-800-872-5925.
