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Case Results
Murder - Found Not Guilty - Insanity
This 2009 trial may be the only Not Guilty by Reason of Insanity verdict involving a male defendant in Massachusetts over the past 25 years or so. My client had suffered with paranoid delusions for many years. He eventually came to believe that his family was part of a conspiracy against him. In the throes of psychosis, he killed his mother, who had been desperately trying to have him hospitalized. Portions of the homicide were videotaped by my client and seen by the jury.
Critical trial evidence included my client's medical records, family witnesses and psychiatric experts. This evidence developed a picture of worsening insanity and the failure of the mental health system. The jury returned a verdict of Not Guilty by Reason of Insanity after seven hours of deliberation.
Murder - Case Dismissed - Insanity
A young M.I.T. graduate student killed his wife and then walked into the campus infirmary and reported it. He was arrested and sent to BridgewaterState Hospital for observation. I immediately went to visit him with a video camera and recorded a lengthy interview in which he clearly was delusional. I also found evidence of a progressive psychological breakdown over the prior days. When the Commonwealth's expert looked at the tape and reviewed this evidence, which included supportive statements from the parents of my client's wife confirming the breakdown, he agreed that my client was psychotic and was not responsible for his actions. Charges were dismissed. The young man successfully recovered in a psychiatric hospital.
Rape of a Child - Found Not Guilty
A woman, 20-years-old at the time of trial, claimed that my client had routinely engaged in oral sex with her some 15 years earlier, when she was a neighbor. At trial, I showed many inconsistencies and impossibilities in her story, through examination of my client's medical and employment records, and through cross-examination of the young woman. The jury came back with a not guilty verdict in less than 90 minutes.
Sexual Assault - Found Not Guilty
The defendant was charged with sexually assaulting the 4 year-old daughter of a neighbor. A thorough investigation revealed evidence that the child's parents had fabricated the assault and coerced the child's allegations because they suspected the defendant had reported them to the Department of Social Services for child abuse. The defendant was found not guilty.
Bank Robbery - Sentence Reduced, 12 Year Downward Departure
A 30 year-old man, represented by other counsel, was convicted at trial of bank robbery and sentenced to 27 years. I successfully brought a motion for a new sentencing and presented evidence of my client's rehabilitation during his federal imprisonment. Judge Skinner granted a downward departure of 12 years, which I believe to be the largest departure ever granted in the First Circuit.
Arson - New Trial Granted, Found Not Guilty
A restaurant owner represented by other counsel was convicted of burning down his restaurant. A motion for a new trial was granted based upon an exhaustive investigation which disclosed new evidence. The Commonwealth appealed. We cross appealed, seeking acquittal on the ground that there was inadequate evidence to support a conviction. The Supreme Judicial Court agreed that the defendant was entitled to a new trial and further concluded that the evidence was insufficient to warrant a guilty verdict. The restaurant owner was acquitted. 406 Mass. 450 (1990).
Attempted Rape - Case Dismissed
A State Trooper, posing as an adolescent in an Internet chat room, arranged to meet my client. When my client went to the meeting place he was arrested and charged with attempted rape. The charge was thrown out on a motion to dismiss.
Multiple Rapes - Found Not Guilty
When my client broke off an affair with a co-worker, she accused him or raping her numerous times. Investigation revealed many inconsistencies in the versions of the story that she told to police, to their employer and to her friends. Particularly compelling was evidence that she had attended a wedding with my client and had baked him a birthday cake only a few days after she claimed to have been raped.
Rape - Found Not Guilty
A psychologically troubled woman claimed that her brother had raped her. The jury found him not guilty after hearing evidence that he was out of town at the time of the alleged assault. Most persuasive was a time-stamped photograph of my client taken at the Rhode Island Registry of Motor Vehicles.
Rape, Assault & Battery - Case Dismissed
The credibility of the defendant's ex-girlfriend was undermined through the use of telephone records and the conflicting testimony of other witnesses. At the close of the evidence, recognizing the complainant's credibility problems, the Commonwealth dismissed the charges.
Aggravated Assault & Battery - Found Not Guilty
My client, a young woman, was alleged to have bitten off the fingertip of another woman in a fight. She testified that she acted in self-defense. A medical expert testified regarding how the fingertip was severed. The jury found her not guilty.
Drug Possession & Distribution - Case Dismissed
The police claimed that my client sold drugs to a cooperating informant. But after this deal supposedly took place, the police lost track of the informant for fifteen minutes. I won a motion to suppress, arguing that the informant could have obtained the drugs from anywhere during the time between when he left my client's home and the time the police found him.
Illegal Trunk Search - Case Dismissed
A State Trooper pulled over a car with three black men inside, supposedly due to a broken tail light. The Trooper searched the trunk and found computer equipment that could be used to make phony driver's licenses and identification documents. Federal charges were dropped after I won a motion to suppress based on a lack of probable cause for the search of the trunk.
Drunk Driving - Case Dismissed
My favorite of many OUI acquittals. My client was an Irish priest and was wearing his vestments at the time he was pulled over. Just before the trial was to start, the judge wanted to do a short hearing in another OUI case involving a young, black defendant. The police officer from my client's case got on the witness stand by mistake, looked straight at the black defendant, and began reading his police report from the case involving the priest. This went on for several minutes before the prosecutor realized that he was talking about the wrong defendant. When my case was called I moved to dismiss on the ground that the police officer obviously had no memory of the incident. The judge agreed and dismissed the case.
Client Feedback
My name is D. Washington and I was represented by Mr. Halpern fighting a federal drug case. I was looking at a sentence of a little more than 20 years. Although I was facing so much time, Mr. Halpern never sugar-coated anything. He always kept it all the way real which really put me at ease and I respected that a lot. He was always very professional so I knew I was in good hands. The day finally came for my sentencing. I was very nervous standing there in the courtroom, as I am sure any person in my shoes would have been. But once Mr. Halpern got his chance to speak in my behalf that nervousness was gone. He really took charge of the courtroom. I was very impressed and the judge must have been, too, because after all was said and done I was sentenced to only 8 years. I put my trust in Mr. Halpern and I wasn't disappointed. He did an excellent job and I am just grateful Mr. Halpern was my attorney.
Sincerely,
D. Washington
San Francisco, CA
My siblings and I found ourselves in need of a lawyer for a very sensitive personal case. Our elderly father had been accused of the rape of a young girl some 15 years ago. There was no evidence aside from the word of the woman. The trial hinged on challenging her credibility. Luck was on our side when we were introduced to Keith Halpern. Until you get into the courtroom, the average person doesn't realize what it takes for a lawyer to present a case and lay the groundwork for his argument. Keith masterfully presented his case to the jury. He completely unraveled the prosecution, the complainant and their witnesses, including a police investigation unit. He carefully and methodically presented so many inconsistencies and impossibilities in the other side's story that the jury was left with no choice but to side with us. Keith obtained all of my father's old medical records and, through the testimony of my father's past doctors, established that the woman's claims were simply not possible. He obtained all of my father's old employment records and showed how they were completely at odds with the woman's story. He really left no stone unturned in searching for evidence. His cross-examination of the woman was excellent - pointing out all of the inconsistencies and false memories without seeming like he was attacking her. The jury was out for only a couple of hours. My father was found not guilty. I am only glad that Mr. Halpern wasn't on the other side of the case. It would be hard to imagine a more professional, thorough and competent attorney than Keith Halpern.
John G.
Reading, MA
Keith is an excellent attorney. He took a case that seemed impossible to win. My brother was charged with Murder One. Keith was always available to speak to me. He kept me updated on the case. He was honest and upfront. Keith did everything he said he was going to do and more. Keith won the case with a Not Guilty by Reason of Insanity. He was finally able to get my brother the help he deserved. We can't thank Keith enough.
Sincerely, G.M.,
Worcester MA
My ex-girlfriend accused me of rape. No one could have worked harder at proving my innocence. When Keith was through asking her his questions, even the prosecutor knew that she was lying and dropped the charges. I walked out of that courtroom because of Keith. I thank God he was my lawyer.
D. Johnson
Boston, MA
I've found Keith Halpern to be an excellent attorney. He gets back to you when he says he will. When asked for an explanation, he gives it to you in a way that is thorough and complete. Keith deals with his clients in an honest, straightforward manner; without demeaning them. He is NOT the type of lawyer who makes you feel fortunate to breathe the same air as he does, he's a down to earth individual. All these things make him a good lawyer who is easy to deal with. Now let me explain why I consider him far more than just "good".
We've all seen those movies where a young lawyer saves his client from a terrible miscarriage of justice through brilliant legal argument and an excellent understanding of the nuances of the law. Sure you've seen it in the movies but in my case it happened in real life.
I was charged with a felony that I was completely innocent of, conviction would have resulted in up to 20 years in prison. Keith did a superb job on a "Motion to Dismiss"; a document explaining to the court why charging me with that felony was an improper action by the state. Because of the arguments Keith presented, the court ruled that the felony charge was improper and it was dropped. Keith Halpern is an excellent attorney.
D.L.
