FIRST DEGREE MURDER BY FIREARM WITH GANG ENHANCEMENTS
Client was accused of being the shooter while riding a bicycle in a cross-racial murder with Gang and Firearm Enhancements in South Los Angeles, which was prosecuted by 2 Hard Core Gang District Attorneys. There were 3 female survivors in the vehicle who testified at trial and Client was charged with an attempted murder for each and shooting at a vehicle with the same enhancements. The Police recovered Client’s DNA on a bicycle left in the street, part of the incident was captured on video and a firearm was found at the crime scene allegedly dropped by the shooter. In addition, the murder was tied to a high profile case within the local community.
Nicholas Rosenberg got a DNA expert and thoroughly cross-examined their DNA expert, and put on an affirmative case calling a firearms expert and 2 gang experts at trial. The Judge excluded the defense that the victim of the shooting was going to testify against the Police in a wrongful death lawsuit for so the jury did not hear the full backstory.
Conviction Reversed and New Murder Trial Granted
Client was convicted in a cold case for murder charges and raised the issue of juror misconduct on appeal from a life in prison sentence. The case went up to the California Supreme Court twice and ultimately was sent back for a hearing on what the facts of the juror misconduct were, and, even if the jurors did mention the fact that the defendants did not testify, was it prejudicial to the jury trial. Client’s family had been consulting with Attorney Nicholas Rosenberg for some time and hired him to handle the evidentiary hearing and fight to get a new trial.
After getting an independent investigator, and bringing a witness who was avoiding subpoenas for months into court, and treating the case just like a trial, Nicholas Rosenberg was able to prevail on the motion for a new jury trial. Two days later, Attorney Nicholas Rosenberg successfully argued to reduce his client’s bail from $ 1 Million to One Hundred Thousand Dollars, and his client was released on bail after spending 5 years in prison. Using his litigation approach of investigation and consultation with expert witnesses, Nicholas Rosenberg was able to achieve a major victory and give his client a chance at getting a fair trial.