Not Guilty Verdict in Superior Court Jury Trial Spares Client Mandatory Prison Sentence
Brett D. Lovins obtained a complete acquittal for his client after a four-day jury trial in Middlesex Superior Court.
Brett’s client faced seven serious gun possession charges carrying a mandatory prison sentence if convicted. At trial, the defense challenged a central flaw in the prosecution’s case: whether his client — a wheelchair-bound quadriplegic with severely limited manual dexterity — could actually exercise possession or control over the firearms and ammunition as alleged. The firearms, for instance, were each unloaded and either disassembled or secured in a combination-locked safe which required fine motor skills to even access. The defense also elicited testimony that they belonged to another individual, further undermining the Commonwealth’s theory of possession.
In the end, the jury did exactly what the system asks of it: listened carefully to all of the evidence, critically evaluated the Commonwealth’s case in light of its burden, and unanimously reached in this case a just result.
Congratulations to Brett on another trial victory and, most importantly, to his client, who can move forward with his life and his freedom intact.