Wednesday, September 2, 2009

Charges Reduced, Discipline Imposed

The web page of the California Bar Journal reports:

[An attorney] was suspended for one year, stayed, placed on three years of probation with a 60-day actual suspension and was ordered to take the MPRE within one year. The order took effect Feb. 25, 2009.

[He] pleaded guilty to misdemeanor third degree assault in 2006 after an incident during a dinner party at his home. A guest who suffered from narcolepsy fell asleep in a guest bedroom and when she awakened, she discovered [him] touching her shoulder, waist and hips. He was charged with two counts of felony sexual assault and misdemeanor unlawful sexual contact.

However, the charges were dropped after a physician concluded that the woman’s description of the incident was not supported by medical evidence, research and her own medical records. The authorities filed the misdemeanor assault charge against [him] as part of a plea agreement in exchange for dismissing the other charges with prejudice. The misdemeanor did not involve unlawful sexual behavior.

[The attorney]  was sentenced to 60 days in jail, was released early for good behavior and is undergoing treatment for substance abuse.

He was publicly reproved in 2000 following convictions for simple assault, possession of a prohibited weapon and possession of an unregistered firearm, all misdemeanors.

In mitigation, he demonstrated remorse by apologizing to the woman before he knew the matter was reported to the police.

(Mike Frisch)

http://lawprofessors.typepad.com/legal_profession/2009/09/charges-reduced-discipline-imposed.html

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