FAMILY RE-UNITED: Mother is charged with nine counts of child abuse. Waukegan criminal lawyer wins jury trial. Download the court records

Charged nine times with the criminal offense of domestic battery, a Lake County mother retained Waukegan domestic battery lawyer Lewis Gainor and was cleared by a jury. Lewis Gainor defended her before a jury and a crowded courtroom and won all nine counts.

 

She was a single mother of two teenage girls, raising the children on her own. When one of her daughters stole money from her purse, she confronted her daughters, and disciplined them.

 

When the two girls showed up for school on October 18, 2005 with injuries, the principal called them to the office and inspected the wounds. He determined that child abuse had occurred and called the Department of Children and Family Services (DCFS) as well as the Waukegan Police Department.

 

The Waukegan Police Department investigated the incident and referred the case to the Lake County State’s Attorney. The prosecutor reviewed photographs of the injuries and the statements of the two girls, and decided to charge the woman with nine counts of domestic battery. She was arrested and taken to jail.

 

Lake County domestic violence attorney Lewis Gainor appeared in court as her lawyer. All odds seemed stacked against her. The judge even ordered her to produce her two daughters in court to testify against her during the trial.

 

With the case going their way, the Lake County State’s Attorney made this offer for a plea bargain: a six month jail sentence followed by a year and a half of probation. But the woman had no criminal history. Accepting the offer and pleading guilty would cause DCFS to initiate termination of parental rights proceedings and attempt to take her children away. Lewis Gainor promised his client he would defend her. She had no choice but to go to trial in a case where the State possessed bloody photographs of her daughters’ injuries.

 

The jury trial began in April of 2006. The prosecution brought in a parade of witnesses against the woman, including police officers and the two daughters. On April 4, 2006, the parties made their closing arguments. Coincidentally, a high school class that was touring the building for civics class happened to come into the courtroom for closing arguments. Because of this, the courtroom was packed with teenagers the same age as the alleged victims.

 

Lewis Gainor looked the jury in the eye and told them that in America, we recognize that every parent has a God-given right to discipline his or her children.

 

The jury deliberated for more than two hours, and at 2:35 p.m., they returned with their verdict: “We find the defendant not guilty as to all charges.”

 

Gainor & Gosch PC is a Lake County law firm based in Waukegan that represents clients in domestic violence situations such as domestic battery, violation of an order of protection, interference with the reporting of domestic violence, child custody and support, visitation abuse, removal of a child from Illinois without court permission, and emancipation.