Posts Tagged Kristi Jarvis

St. Paul Criminal Defense Attorney Challenges SANE Exam

Resolving “He said, She said” with Junk Science, the terrifying unchecked testimony of Sexual Assault Nurse Examiners. Alex DeMarco, a frequent Criminal Defense Attorney in Dakota County, had the opportunity and challenge of handling a criminal sexual conduct case in Dakota County recently.   The matter was charged out in 2014.  Alex DeMarco pushed it to trial three times, each time it being continued by other cases that were older or involved clients in custody.  On the third trial setting, the state dismissed the 3rd Degree Criminal Sexual Conduct case, and recharged it as a criminal sexual conduct in the first degree.  This was because, on the day of trial, over a year after his client was arrested, the state suddenly revealed the alleged “victim” had recorded her own sexual assault.   The State’s motion to amend the complaint was denied.   The State dismissed and re-filed, because the law now holds that a prosecutor can do so out of convenience and bad faith.   There is zero constraint on the state’s charging decision thanks to a recent Minnesota Supreme Court Opinion. Despite it being recharged to the highest degree possible, Alex DeMarco pushed it through to trial yet again.   Between the dismissed file and the new file, Alex DeMarco drafted over 400 pages of motions and memorandum and set the case up for trial.  That included overcoming the so-called “rape shield” law  , moving to suppress the statement of the defendant, and, important to this article, challenging the validity and limiting the testimony of a strange breed of State Expert called a “Sexual Assault Nurse Examiner.” Ok that seemed like a lot of jargon, and we know the part that leaped out at you.   “But Alex, the victim recorded her own sexual assault.  The victim was heard saying “no, stop” several times.   What would you try that case?”  Answer:   Because who the heck records their own sexual assault?  Think about it.  How consistent is that with being sexually assaulted?   Ultimate result, despite the admission of this video evidence before a jury=  Hung jury.   No conviction, all counts.   The reason?  A Junk Science called a “Sexual Assault Nurse exam”, AKA “SANE” “S.A.N.E” or “SANE exam.”   While this is taken for granted by most lawyers, Alex saw through the fallacy of this science and exposed it to the jury.  The video was dark, grainy, did not show very much of anything regarding the conduct, and the fact the victim recorded a supposedly traumatic experience when she admitted there was no prior abusive or assault conduct by the defendant was weird and contrived.  Frankly, the case might have actually gone a different way if the State’s expert had not testified, but when she did, the jury ultimately could not believe the State’s case beyond a reasonable doubt.  If you’re facing a criminal sexual conduct charge in Minnesota, you need to hire an attorney that understands the latest up and coming junk science the State is… Read more {+}