J.F. is a hardworking middle-aged man in St. Lucie County who was charged with Battery, a first degree misdemeanor per 784.03(1)(a), Fla. Stat., and punishable by up to one (1) year in the county jail.
J.F. was wrongfully charged based upon the testimony of two (2) brothers, (one (1) of whom was a former St. Lucie County Sheriff’s Deputy) who claimed that they had been attacked by J.F. ‘for no reason whatsoever.’
The investigating detective from St. Lucie County chose to charge J.F. with the crime based upon the brothers’ claims that they had been attacked and beaten by J.F., ‘for no reason whatever,’ and despite the fact that each of the brothers were younger, taller and outweighed J.F., and J.F., the true victim in the case, was the only person hospitalized with injuries.
(J.F. is a naturalized American citizen who was born in the Dominican Republic).
The jury trial pitted the two lying brothers’ versions of events against J.F.’s description of what really happened. During cross examination of one of the brothers, Attorney Kirschner was able to introduce evidence that one of the brothers had, less than three (3) years earlier committed a brutal, drunken, unprovoked attack upon his former wife, whom he threatened to kill, and that resulted in her hospitalization.
The cross examination of the prevaricating brother proved to be the difference in the trial. NOT GUILTY