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Successes


 
CHILD SEX OFFENSE

Child Sex Offense: A man retained me to represent his lifelong friend arrested for child sexual abuse. The client was in jail, clearly distraught and addicted to drugs. The State had photographic evidence. We got him transferred from jail into a drug treatment program. We obtained electronic home monitoring while he lived with a friend. We had him evaluated by a sex offender treatment professional, who found him to be an excellent candidate for out-patient treatment. At our request, and over the prosecutor's objection, the court granted him a Special Sex Offender Sentencing Alternative (SSOSA): one year in jail and outpatient treatment for up to five years instead of 15 or more years in prison. Years later he has successfully completed treatment and remains clean and sober.

Child Sex Offense: After a client confessed to his clergyman that he had molested six children, he retained me. I immediately had him evaluated for sexual deviancy. Our expert found him appropriate for treatment. The law does not permit a SSOSA for six separate charges. We investigated further and negotiated.  I challenged admissible evidence. I persuaded the prosecutor to reduce some charges if the client would plead guilty. After a highly charged sentencing hearing with many community members for and against the treatment option, the court granted a SSOSA. After local jail time, he returned to his family and successfully completed treatment.

Child Sex Offense: In the course of a divorce, a toddler's mother alleged that the father was molesting their daughter.  The police claimed to have obtained a sperm from the child's mouth. They arrested and briefly jailed my client. Applying the best science and careful observation over time, we persuaded the detective that the mother's behavior was abusive. No criminal charge was filed. The court ultimately awarded my client custody of his daughter.

Child Sex Offense -- CPS Investigations: A teacher conducted her own "investigation" at school and believed my client's three children were being sexually abused by their father.  CPS interviewed the children at school and ordered the father out of the home. The mother retained me to protect the children and see that a proper and impartial investigation occurred.

We obtained a child interview expert who was better qualified than the prosecutor's. The prosecutor refused to video record child interviews. The court approved our expert instead of the prosecutor's to interview the children on video. When the State reviewed the videos, it agreed there was no evidence of sexual abuse. No criminal charge was filed and the family was reunited.

Child Sex Offense: A mother retained me to represent her 12-year-old daughter, the alleged victim in a child molestation prosecution. The child did not want to talk or testify about what happened to her. The defense lawyer and the prosecutor asked the court to order her to testify. I appeared and asked the court not to add to the child's trauma. The court ordered that I make my client available for a private interview with a CPS caseworker, who would report back to the prosecutor.  When the child continued to refuse to discuss what happened, the prosecutor resolved the case without the child testifying.

Child Sex Offense: I was retained by the son of a man who molested his granddaughters, including my client's toddler daughter. My client wished to protect his daughter, both from his father and from any intrusive investigation by the authorities; and he wished his father to receive a SSOSA, a treatment-based sentence. I negotiated with CPS to obtain an age-appropriate interview of the child. I helped the client articulate his wishes to the court that sentenced his father, resulting in a SSOSA.

Child Sex Abuse/PRP/ "Wenatchee Sex Ring": As a result of various institutional abominations, many poor parents were falsely accused of sexually abusing their children and sent to prison. As a volunteer with The Innocence Project Northwest, we got eight counts of child rape and a sentence of 40 years vacated. The client accepted a plea to one count and credit for time served. She was released. Her son, by then an adult and supposedly one of her "victims," returned to live with her in another state.

Child Sex Abuse/PRP: A client had been convicted and had lost his appeal. I reviewed the record and found the Court of Appeals had violated its own procedures and the client's appeals lawyer had failed to raise major issues. The Court of Appeals reinstated my client's appeal, the State agreed the sentence was five years too long, but the Court of Appeals reversed and dismissed the convictions completely for violation of speedy trial. The client was released from prison.

ISRB/Rape of a Child: A client who did not speak English retained me to represent him with the ISRB to determine if he could be released after serving his minimum term for child molestation. The Board does not permit counsel to participate in these hearings. I presented his case in writing, arguing the Board's criteria required release unless it could show more likely than not he would commit another sex offense. We used DOC's risk assessments to show he was low risk. The client maintained he was innocent of the crimes. I attended the ISRB hearing but remained silent throughout. The Board released him at his first hearing.

Child Sex Abuse:  A client retained me after being sentenced to prison. He had pleaded guilty understanding the prosecutor would recommend a SSOSA. Instead, the prosecutor argued for prison at the sentencing hearing. We appealed for violation of the plea agreement. We won a new sentencing hearing in front of a new judge, who granted the SSOSA. The client was released from prison.

Child Sex Abuse/PRP:  A foreign-national client was convicted of child rape. He lost his appeal. His friends retained me for a PRP. We challenged the court conducting jury selection in private instead of in open court. The Court of Appeals vacated the convictions. On remand, the client obtained credit for time served and was returned to his home country and family.

Child Sex Abuse:  A 17-year-old client's parents came to me after he pleaded guilty and was sentenced to prison. We moved for reconsideration of the sentence. We obtained a new sex offender treatment provider who was willing to work with the client if the court would grant a SSOSA. Another child then accused my client of molestation. The client could not honestly deny the accusation and did not wish to put the child, a relative, through the trauma of a trial. The client needed sex offender treatment as soon as possible, but the prison system would not permit it until the end of his sentence -- many years off.

I negotiated with the Department of Corrections to assign him to Twin Rivers Corrections Center, where his parents paid for a private sex offender treatment provider to visit him in prison and provide treatment. This procedure kept the client in a safer treatment-oriented prison population and got him the treatment he needed.




Successes




Homicide
Rape
Child Sex Offenses
Child Abuse
Assault
CPS Investigations
Voyeurism
Domestic Violence
Robbery/Burglary/Kidnapping
Theft/Fraud/Shoplifting
Juvenile Sex Offenses
Arson
Threats to Kill
Identity Theft/Forgery
Criminal Trespass
Self-Defense
Defense of Property
Property Destruction
Violating Anti-Harassment Order
Federal Prosecutions





Practice Areas




Investigations
Preserve Evidence of Innocence
Challenge the Law
Address Client's Underlying Problems
Plea Negotiations
Pretrial Motions
Trials
Appeals & Post-Conviction Relief
Motions for New Trial
Appeals
Personal Restraint Petitions & Habeas Corpus
Clemency & Pardons
Parole
Other Representations
Victims & Witnesses
Non-Citizen Clients
"Hopeless" Cases




Law Offices of Lenell Nussbaum
2125 Western Ave., Suite 330 Seattle, WA 98121
Tel: (206) 728-0996 / email: lenell@nussbaumdefense.com
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