Ron Podboy on
I spent years as a prosecuting Deputy District Attorney in Denver, Colorado. During that time I tried scores of cases and came to know what it takes to accurately analyze criminal charges. Today, after 25 years of criminal practice, as a criminal defense attorney I see many cases where the conclusions of the police, often after inadequate investigation, are accepted without question by the prosecutor. It is often my job to deconstruct what the prosecutor believes is a valid case and demonstrate that to the prosecutor. If he chooses to ignore the reasoning I present to him, and refuses to be reasonable in dealing with the cases, then I present it to the jury, with an overwhelming success rate.
People v. Harrel Keeling
The charge was Murder in the First Degree, under Colorado law, a sentence to life imprisonment upon conviction.
Everyone thought it just had to be true, after all, the local media wrote it up and the newspaper made it sound like there were no two ways about it, my client sure looked guilty of first degree murder. But let’s take a look at the evidence. Let’s take a really close look. The video of the police interrogation of their star witness ended with him identifying my client as a phone caller who made many incriminating statements against his own interest. But that wasn’t what the star witness said at the beginning of the police interview… then he didn’t know much of anything. Can the police suggest answers in an interview? That’s exactly what was evident here. Really listening to my client revealed that he was not even at the location where the murder happened, he was miles away, and there were people who could vouch for that, from before the murder until well after. After many hours of investigation I presented my finding to the detective who had filed the case. He was honest about the failures of the police department after he thoroughly reviewed my investigative report. The astounding outcome to this most serious charge was a Dismissal by the Arapahoe County Deputy District Attorney prior to the date of the Preliminary hearing! My client walked free the same afternoon of the filing of that motion by the DA.
People v. Solomon Tiku
The charges were all Felonies: Count 1 First Degree Arson, Felony Third Class and Third Degree Arson, a Felony Fourth Class.
Mr. Tiku was charged in this case where the fire was raging moments after he locked and left his liquor store business for the night. At trial, the prosecutor argued that my client’s financial motive for insurance money was the motive. Deconstructing a sloppy arson investigation by the local fire investigators went a long way in satisfying the jury that an alternative explanation of the source of the fire was sufficient to find Mr. Tiku
People v. Terry Chambers
The charges were Assault in the First Degree, a Felony Third Class and Assault in the Third Degree, a Misdemeanor First Class.
The defense was self defense. If my client had lost this trial, his minimum sentence would have been 10 years in the Colorado Department of Corrections. In the fight at issue, my client was accused of breaking, without provocation or legal reason, the facial bones of his brother-in-law, who outweighed him about 2 to 1.
The jury heard the days long trial and was satisfied that my client acted only in self defense. After only an hour or so, they reconvened in the courtroom to announce my client Not Guilty on All Counts.
People v. David Franklin Sena
The charges in this combined case were all Domestic Violence Misdemeanors: False Imprisonment, Domestic Violence Assault in the Third Degree, Interruption of Phone Service, and Violation of a Restraining Order.
This was the endpoint of a bad domestic relationship between my client and a girlfriend. I was satisfied that the girlfriend was making false statements to the prosecutor and the police. Her injuries were the result of her falling down the stairs after she attacked and then attempted to kick my client. Her bruises were real, but her explanation of how she got them was not. My client, through poor previous legal advice, had pleaded guilty to a domestic violence charge involving the same person. The jury heard about that. But the jury did not buy her significant attempts to gain their sympathy or buy her story of the events on the evening of the current event and found my client Not Guilty on All Counts.
Ronald A. Podboy provided legal representation for the parents of one of
the victims Neyers & Johnson v. Warehouse Liquor Mart; one of the most
televised Colorado cases in 2004. In this case, Mr. Podboy prosecuted a
local liquor store that knowingly sold liquor to an Englewood high
school student, who was later involved in a fatal car accident.
Click here for more information about this Colorado personal injury
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