Man charged with domestic battery goes to trial, facing mandatory conviction and possible jail. Lewis Gainor gets case dismissed during trial. Download the court records
Waukegan criminal defense lawyer Lewis Gainor recently won a Lake County domestic battery case. His client was a man who was charged with two counts of domestic battery for allegedly striking his girlfriend in the head and kicking her in the body.
The incident occurred on September 9, 2006 in North Chicago, Illinois. A 911 emergency call was placed to the North Chicago Police Department. Officers responded to a residence where they located a male and female inside.
The female told them that her boyfriend had beaten her, and she wanted him arrested. The police had her make a hand-written statement and took the man into custody. The man was transported to the Lake County jail and held until he was able to post bond. As a condition of the man’s bond, he was prohibited from having any contact with his girlfriend or the residence, which resulted in him being basically homeless.
In the Lake County Circuit Courthouse in Waukegan, attorney Lewis Gainor appeared with the man and pleaded not guilty to all the charges. Lewis Gainor demanded a trial by a jury of 12 people.
On November 8, 2006, the court commenced the jury trial. Waukegan criminal lawyer Lewis Gainor selected 12 members of the community to preside over the trial. During his opening statement, Lewis Gainor promised the jurors that the State of Illinois would never be able to prove the charges. He sat down and the judge ordered the State to call its first witness.
The State attempted to produce its witness for the trial, but could not do so. The woman refused to testify because what she had told the North Chicago police officers to get the man arrested was a lie. The State requested a continuance to make adjustments in the trial, but the judge would not allow it.
The judge denied the State’s request to continue the trial, and as a result, the prosecution was forced to drop all charges.
Gainor & Gosch, PC is a criminal defense law firm serving Cook and Lake County, Illinois. We are based in Waukegan but also appear in Skokie and Rolling Meadows. We have experience in serious charges of aggravated domestic battery, aggravated assault (deadly weapon), interference with the reporting of domestic violence, violation of an order of protection, criminal sexual abuse, aggravated criminal sexual assault, and resisting arrest.
